Plaintiffs in a sweeping lawsuit taking aim at teacher tenure in California scored their first major victory on Friday, when a judge ruled that the case could go forward virtually intact. The lawsuit, Vergara v. State of California, filed by nine public school students in the state, is grounded in California’s unusual constitution, which enshrines a child’s right to “equality of education.”

At a hearing Friday, Los Angeles Superior Court Judge Rolf Treu ruled on a summary judgment motion that the case, known colloquially as the “Bad Teacher” lawsuit, will go to trial Jan. 27.