INDIANAPOLIS (AP) – A Marion County judge is considering Attorney General Greg Zoeller’s argument that state schools Superintendent Glenda Ritz cannot sue members of the State Board of Education without his permission.

Tuesday marks the first hearing in the lawsuit at the center of Indiana’s ongoing education battle. Ritz filed suit last month against the 10 other members of the board over control of the state’s school-grading system. Zoeller has argued Ritz cannot use state lawyers without his permission.

Ritz claims the board members violated the state’s open meetings law when they asked that calculation of “A-F” school grades be done by the General Assembly’s bill-drafting arm. The board members have said Ritz was dragging her feet releasing the grades and argue there was no meeting in violation of state law.