help.test expects $title in h2 heading

I'll do my best to explain this, I am a themer and not a developer so bear with me please.

I wrote a patch for Garland - http://drupal.org/node/169912

It fails the help.test, I believe because of this line in help.test (line 63):

$this->assertRaw('<h2>' . t($name) . '</h2>', t('[' . $module . '] Heading was displayed'));

In Garland $title is wrapped in an h2 heading, my patch changes it to h1.

If I hack the help.test such as:

$this->assertRaw('<h1>' . t($name) . '</h1>', t('[' . $module . '] Heading was displayed'));

I get all passes and my patch flies through.

I assume the h2 is hard wired in help.test specifically for Garland? Since most other themes use h1.

Should we just ignore the fails for now or do we need to revamp help.test?