A state appellate court will hear oral arguments Thursday in Vergara v. California, a blockbuster legal case that questions whether laws that have protected California teachers’ jobs for decades are also leaving the state’s vulnerable students in the charge of “grossly ineffective” educators.

It’s the beginning of the second round of a high-stakes and highly-politicized battle between teachers unions — both in California and nationally — and advocates who believe teachers’ job security should be more closely linked with students’ academic performance.

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Here’s how Koski frames that choice: “Is this just a policy decision that’s not appropriate for the courts to be wading into? … You can also bet that the plaintiffs are going to make a big deal that, ‘Hey, the data show grossly ineffective teachers hurt kids, and the courts— you oughta step in. This is your constitutional obligation to stop this.'”

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After Thursday’s arguments, the appellate court has 90 days to issue a ruling. Whichever side prevails, Koski anticipates the case will end up being appealed to the California Supreme Court.