SCHOOLS FAIL READING TEST BY IGNORING THE LAW

It's right there in Missouri law: "No public school student shall be promoted to a higher grade level unless that student has a reading ability level at or above one grade level below the student's grade level ... ."

This simple section of the state statutes, passed into law in 1999, is clear enough. If a fifth grader, for example, can't read at a fourth grade level, he can't be promoted to sixth grade. -- unless school officials wish to break the law. What a great example to set for students.

However, a number of Missouri school districts, including the Cape Girardeau and Jackson districts and others in the area, are choosing to ignore the law.

Republican state Sen. Steve Ehlman of St. Charles sponsored the provision, part of a larger education measure, as a way to prod Missouri schools into doing more to ensure students can read.

The law took effect last Aug. 28. However, many schools expected -- were counting on, to be precise -- the General Assembly to weaken the requirement, if not excise it from the law entirely, during the 2000 legislative session. That didn't happen, and now districts are claiming they were caught off guard.

Many districts, if not most, dislike the law because of the lack of flexibility. Even Ehlman supported changes that would give schools a little more leeway in determining whether or not to promote a student with poor reading skills. Some changes still could be made next year to address those concerns.

However, the districts that ignored the law in hopes that the Legislature would craft something more to their liking deserve to be scolded. The retention requirement is part of Missouri law. Districts knew that and should have been prepared to enforce it, whether they agree with it or not. As Ehlman said of these schools: "You're a lawbreaker. The law says you can't promote these students."

Decisions on Missouri laws belong to the Legislature and to the governor, who signs bills into law. School districts can't selectively abide only by the laws they like.

But the real issue is reading skills. Real improvement is needed in this area. And everyone -- students, parents and schools -- need to know there is a consequence to failure, not just business as usual.