.According to NYSED, the increased hours were intended to ensure that homebound instructed students have the opportunity to progress in their educational program at a similar rate as their peers.NYSED Office of Counsel OpinionSection 3214 requires school districts to provide a suspended student of compulsory education age with alternative instruction substantially equivalent to that received by the student prior to the suspension. The precise amount of instruction required, and the equivalency of that instruction, has historically been determined on a case-by-case basis. Previous Commissioner of Education cases have found that an average of one hour a day for K-6th grade and two hours a day for 7-12th grade of alternative instruction per day is appropriate.Formal Opinion No. 243 states that the increase in instructional hours for homebound students supports a corresponding increase in the minimum number of hours of alternative instruction for students suspended from school pursuant to New York Education Law § 3214(3)(e).Formal Opinion No. 243 also states that the minimum number of alternative instruction hours provided to suspended students must meet the minimum number of instructional hours provided to homebound students. This means that suspended elementary level students should receive an average of at least ten hours per week of alternative instruction and secondary level students should receive an average of at least fifteen hours per week.While Formal Opinion No. 243 does not have the force and effect of law, it provides school districts with significant insight into how NYSED and the Commissioner of Education will attempt to enforce these enhanced alternate instruction obligations. The Formal Opinion will also likely result in additional staffing requirements for school districts. Accordingly, please reviewexisting policies and procedures and convene relevant stakeholders to develop a plan to address this change.