Sec. 118.4. Instructional programs

(a) Instruction shall be available on the same days the school district within which the facility is located is in session. Instruction need not be provided in the months of July and August.

(b) Hours of instruction.

The amount of instructional time provided to each student shall total not less than three hours per school day. No less than 10 hours of the minimum 15 hours of instruction required each week shall be instruction in reading, mathematics and oral and written communication. Activities other than such instruction may include life skills education, instruction concerning substance abuse, including the misuse of alcohol, tobacco and other drugs, and other appropriate programs approved by the commissioner pursuant to section 118.2 of this Part.

(c) Instruction shall commence not later than the 11th school day following the school district's receipt of a request for educational services and shall:

(1) be provided by a certified or licensed teacher;

(2) be provided through small group or individual instruction;

(3) be individually paced; and

(4) be designed to increase a student's level of achievement in the areas of reading, mathematics and written and oral communication; and

(i) to prepare a student to pass the high school equivalency diploma examination; or

(ii) to provide tutorial support to a student who is expected to return to a school district or BOCES program of instruction upon release from incarceration; or

(iii) to provide employment preparation education which builds upon the student's interests, aptitudes and skills.