Students have the right to challenge the obstinate tenure laws of their respective states that keep unqualified teachers in the public school systems. This is exactly what some students are doing in the state of California with the backing of telecommunications entrepreneur David Welch and his nonprofit organization Students Matter.

Last week, a group of students appeared in the Superior Court in Los Angeles to hear the case brought against the state of California regarding the state’s tenure laws for kindergarten through 12th-grade teachers. With the lawsuit Vergara v. California, the group is challenging rules that give permanent employment status to teachers after only 18 months of employment. The policy demonstrates how long and costly the process is to dismiss a teacher, particularly in a seniority-based system that relieves new teachers before older teachers when layoffs occur. Behind these stringent rules are powerful teachers’ unions who defend the  safeguards as a way to protect current teachers and attract new ones.

There is no adequate excuse for keeping ineffective teachers in the school system. John Deasy, the superintendent of Los Angeles Unified School District, made the poignant point that the rules and regulations in California bar students from learning from the teachers they deserve. As such, these teachers must be let go. This past week’s trial marks a definite move in the right direction. Many other states have already taken concrete steps to change their education laws. Five years ago, states were prohibited from using student performance when evaluating teachers, whereas school districts in 29 states now use poor effectiveness as a criterion for dismissing a teacher.

If the trial against California is successful, the state should consider standards of poor effectiveness when deciding whether to dismiss teachers. While student performance is certainly an important consideration for school districts, there are many ways to assess whether a student does well in school. The abilities of the teacher are one among many.

A victory for the students and Students Matter could have far-reaching consequences not only for high school students, but also for university students. Although regulations are different for college professors, a successful verdict could certainly shift the discourse on the nature of tenure rules for both secondary-level teachers and university-level professors. The implications would extend to students of all ages and could prompt more effective teachers across the board.

If Students Matter wins the trial, it would be smart to consider the evaluation options hinging on poor effectiveness and on behalf of their teachers. Such a criterion, even if insufficient on its own, may well give California students the caliber of teachers they require and subsequently deserve.

A version of this article appeared in the Wednesday, Feb. 5 print edition. Brittany Sherman is a contributing columnist. Email her at [email protected].