Michigan’s Attorney General says it’s too early to issue an opinion on the constitutionality of a new education agency created by the state’s governor last month by executive order.

AG Dana Nessel responded by letter to a request from the State Board of Education for a ruling. She said the newly-formed Michigan Department of Lifelong Education, Advancement and Potential — or MiLEAP — could overlap with the board’s constitutional authority to oversee public education.

Nessel plans to wait until after the governor’s executive order is implemented in December to see if such a conflict might occur. The new agency is designed to take over some of the functions from the Department of Education, raising questions about the separation of the governor’s office and public education.