In Neshaminy School District v. Unemployment Compensation Board of Review, 57 Pa. Commw. 543, 426 A.2d 1245 (Pa. Cmwlth. 1981), the Court had held that Section 402.1(1) does not require reasonable assurance of employment in an identical capacity. As the per diem substitute positions were in an instructional capacity, Section 402.1(1) applied and the claimants were not eligible for benefits. The School District emphasizes Section 201(a) of the Law, 43 P.S. 761(a), which provides: "The Department shall have power and authority to adopt, amend, and rescind such rules and regulations ... and take such other action as it deems necessary or suitable. Such rules and regulations shall not be inconsistent with the provisions of this act."