LOS ANGELES – It’s on.

A lawsuit – Vergara v. California – aimed at overturning the state’s teacher tenure, seniority and dismissal laws will be allowed to go to trial late next month, after California Superior Court Judge Rolf Treu on Friday denied a request by the defendants to have the case thrown out.

“It’s the third time that a court has ruled in favor of the plaintiffs – (nine) California students – in allowing the trial to go forward, and against the state and other defendants, which include the California Teachers Association and the California Federation of Teachers,” reports EdWeek.org.

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The students are being represented by Students Matter, a pro-reform group led by two “superstar” attorneys who argue that poor and minority students’ constitutional right to an equal education has been undermined by state laws that keep “grossly ineffective” teachers in the classroom year after year.

The lawsuit is based on evidence that finds “grossly ineffective” teachers are disproportionately found in high-poverty, low-results schools that are primarily attended by poor and minority students.

The Students Matter attorneys argue the courts need to decide the legality of teacher tenure, “last in, first out” layoff policies, and the labyrinth-like procedures schools must follow to fire ineffective educators, because California lawmakers have failed to address those issues.

An in-depth look at the details of the case can be found here.

EdWeeek.org notes the case could have national implications if it’s’ successful. Reform advocates in other states might ask the courts to nullify excessive teacher job protections on the basis that they undermine students’ constitutional right to a quality education.

The Vergara v. California trial will start Monday, January 27.