HARRISBURG, Pa. (CBS) — Republican leaders in the state legislature say they are considering a lawsuit over Democratic Governor Tom Wolf’s plan to allocate $200-million extra for schools in the budget, $77-million of which he has earmarked for Philadelphia.

Last month, Governor Wolf announced he would allow the final pieces of the hotly contested 2015-16 budget to become law without his signature. But he also vetoed a companion bill, called the fiscal code, that contains funding formulas. Now the governor has announced his plan to distribute extra education money in the budget. But Steve Miskin, spokesman for the House Republican majority leader, contends Wolf can’t do that given his veto of the fiscal code.

“The budget expressly said there needed to be language to drive this money out,” Miskin said. “The governor vetoed that language with the fiscal code.”

Miskin said that issue may end up in court.

A spokesman for the governor said he would not comment on a lawsuit that hasn’t happened, but did say the administration’s actions are consistent with the provisions of the budget legislation that become law without Wolf’s signature.