PIERRE, S.D.(DRGNews)- A state lawmaker in South Dakota has agreed to repay a large chunk of the federal COVID money she received to run her preschool in Rapid City.

Attorney General Marty Jackley says Sen. Jessica Castleberry received over $600,000 that she used for her business.

Jackley says they will not ask the families to reimburse them for the other portion of the COVID funds Castleberry received.

Because she’s a state legislator, Castleberry wasn’t eligible to receive the COVID funds. But, Jackley says, she did spend the dollars appropriately.

Jackley says Castleberry has agreed to a payment plan.

In 2020, the South Dakota Supreme Court issued an advisory warning state lawmakers that it was unconstitutional for them to accept federal pandemic funding.

KELOLAND reports that minutes after the news conference ended, Castleberry, who represents District 35 in eastern Rapid City, announced her resignation.