01/13/2015 08:36 EST | Updated 03/15/2015 05:59 EDT

NCAA loses bid to have US judge toss law keeping Penn State's $60 million fine within state

HARRISBURG, Pa. - A federal judge has declined to throw out a Pennsylvania law requiring a $60 million fine Penn State has been paying over the Jerry Sandusky child molestation scandal be spent to address child abuse within the state.

Middle District Judge Yvette Kane ruled Tuesday against the NCAA's effort to have the 2013 Endowment Act declared in violation of the U.S. Constitution. Her decision was based largely on the fact the constitutionality of the law was upheld in another case.

State Treasurer Rob McCord and another state official won the case Tuesday. A McCord lawyer says the focus is now on a parallel case in Commonwealth Court, with trial set for next month.

The NCAA hasn't returned messages seeking comment.

Sandusky was convicted of abusing boys, some on campus. He maintains his innocence.