Education Secretary Betsy DeVos is under investigation for possibly violating the Hatch Act after her department promoted an interview she gave with Fox News during which she criticized Democratic presidential nominee Joe Biden.

The investigation, conducted by the Office of the Special Counsel, focuses on a video posted on the department’s YouTube page that includes DeVos calling Biden’s changed stance on school choice “shameful.” DeVos is shown responding to Biden’s promise to rollback school choice policies if he is elected president in November.