A judge in Northern California refused to mandate the use of student test scores in teacher evaluations.

The ruling by Contra Costa County Superior Court Judge Barry Goode went against Students Matter, an interest group founded by Silicon Valley executive David Welch. The organization wages legal battles to weaken teachers’ rights, spur the growth of charter schools and increase reliance on test scores.

The group’s lawsuit aimed to force 13 school districts, including seven in Southern California, to make student standardized test scores a key part of teacher evaluations.

The judge concluded that districts had broad discretion over how to use test results.

This is the second recent defeat for Students Matter campaigns against teachers and their unions. The organization also lost a high profile case in August,

Los Angeles Times, Sept. 22