Superintendent fails literacy test.

What's good for the goose is good for the gander. At least that's what some teachers in Lawrence, Mass., believe. These teachers are suing Superintendent Wilfredo Laboy because he's penalizing teachers for not passing an English test, while he himself failed a different English test.

Early this summer, Laboy placed more than 20 teachers on unpaid administrative leave for not passing a new English-language fluency test. But the superintendent has taken--and failed--an English communication and literacy test three times. This test has been required for Massachusett's educators since 1998.

Leaders Gov. Mitt Romney and state Board of Education Chairman James Peyser stand by Laboy, a Puerto Rican native who learned English as a second language. They say he will ultimately pass the test by a December deadline. "I'm not sure the superintendent of schools is in the same level of importance to me in terms of English skills as are the teachers in the classroom teaching our kids," Romney said in a news conference.

His comments outraged teachers who think it's downright unfair and are suing Laboy.

"When we talk of high standards and accountability we believe that all educators should be held to the same high standards," says Kathleen Kelley, president of the Massachusetts Federation of Teachers. "It is the height of arrogance for Gov. Romney to suggest that school department leaders may meet a lesser standard than the teachers and students they are expected to lead."

"Dedicated bilingual teachers, many of whom have passed the state certification test, are [being] placed on unpaid administrative leave because of their scores on a new English proficiency exam. Their many years of service to the children of Lawrence are being wasted, while a different standard is applied to Superintendent Laboy," says Kelley.

She wants to see the teachers who haven't passed be permitted to remain at work and be granted additional opportunities to pass their test just like Laboy.

No one at the state Department of Education nor Laboy could be reached for comment.

In addition, teachers and administrators can take the exam that Laboy failed as many times as they want. But if they fail, they must seek a waiver from the Department of Education to remain employed. Laboy, who also needs a waiver, had not received one by early September.