Turkish Grand National Assembly Warning: You Are Viewing Act, The Parliamentary General Assembly Has Already Adopted. If It Does Not Include The Changes Made Later. Private Educational Institutions Law

Original Language Title: TÜRKİYE BÜYÜK MİLLET MECLİSİ Uyarı: Görüntülemekte olduğunuz Kanun, TBMM Genel Kurulunda kabul edildiği halidir. Varsa daha sonra yapılan değişiklikleri içermemektedir. ÖZEL ÖĞRETİM KURUMLARI KANUNU

Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k5545.html

Law No. 5545

Acceptance Date: 26/09/2006
PART
Purpose, Scope and Definitions
Purpose and scope
Article 1 The purpose of this Act, the Republic of Turkey nationality of natural persons, private legal entities or private law will be opened by legal persons governed by the private educational institutions to institutions Giving permission to the transplant institutions, transfer of personnel to be employed, financial support and training to be made to these institutions-education institutions, government, the private education institution established by foreign audit and oversight; education, management, supervision, monitoring and personnel to run and to regulate the principles.
This Act, the Republic of Turkey nationality natural persons, legal persons of private law or according to the provisions of private law, opened by foreign legal entities with the private education institutions managed it covers the private education institutions.

Article 2 Definitions For the purposes of this Act;
A) Ministry: Ministry of National Education,
b) Institution: Pre-school education, primary education, secondary education, various courses and special education schools, distance learning makes institutions, courses, motor vehicle driving courses, in-service training centers, students study training centers, special education and rehabilitation centers and other private educational institutions,
c) school: preschool education, elementary education, special education and secondary special schools,
d) Foreign schools: private schools established by foreigners,
e) minority schools: Greeks, Armenians and was founded by Jewish minorities, guaranteed by the Treaty of Lausanne and preschool that their minority belonging to the Republic of Turkey national students continuing education, elementary and secondary private schools,
f) Classroom: students; To prepare the upper school or higher education entrance exam, they want to train in courses and private education institutions operating in order to raise the level of knowledge,
g) Various courses: Meet the social, information on cultural and professional areas, skills, according to their abilities and improve their experience or desire private education institutions operating in order to assess their free time,
h) special schools: providing services to individuals with special needs, where the staff are specially trained, improved training programs of private education institutions as applied,
i) motor vehicle drivers course: motor vehicle drivers raising test scores of issuing and traffic-related education make private education institutions,
j) students study training center: the students, the course their work, to help them do their homework and projects, interests, wishes and capabilities in line with the execution of various activities private educational institutions,
k) special education and rehabilitation center: the individuals who need special education speech and language difficulties, voice disorders, mental, physical, sensory, social, eliminate the emotional or behavioral problems or effects to minimize levels ability to remove again the highest level, basic self-care skills and develop independent living skills and community private education institutions operating in order to ensure compliance,
l) International private educational institutions: only foreign students can continue the special education institutions,
m) owner: the owner of and on behalf of institutions opening permit held by a natural or legal person institution
n) Founder representative: private legal entities or private behalf are governed by the legal provisions of the chosen people,
o) Distance learning institutions: those who can not continue their education due to various reasons all kinds of media and educational institutions that expresses
.

PART TWO Opening the Institution, Founder, Corporate Buildings, International Private Education Institutions, foreign schools and minority schools permission


Article 3 receiving permission to open an institution to institution began teaching in an institution it is mandatory. Permit applications are made to the relevant directorate of national education. Opening the result of the examination Governor is given the permission to institutions to institutions other than schools deemed appropriate. Applications for the opening of the schools approved by the Governor sent to the Ministry to be given permission to open the institution.

Rejected by the governor of the request for permission to open an institution in the event, from the notification process for the rejection of the request by the representative of the founder or founders can be appealed to the Ministry within fifteen business days. The appeal is decided by the Ministry within fifteen business days.
Authority must be received permission to open the institution the student registration can be made.
Granting permission to open an institution, according to the building's usage purpose and ministry of the standards and with sufficient available depends on the fulfillment of the following conditions:
a) detecting in a report that was enough for the organization's goals and needs of the Course instruments.
B) the Authority; principals, teachers and other staff have the appropriate qualifications and be documented in terms of number and they will work in these institutions.
C) the institution's regulations examined by the Ministry of the curriculum to be approved.
Primary, secondary and special educational institutions opening permits issued after the thirtieth day of the academic year for schools, effective from the next academic year. The principles for the Naming Authority
determined by regulation.
By real and legal persons; activities specified under the Act except for activities falling within the scope of in-service training can not be done without permission from the authorities to open institution under this Act.
Military school, schools can not be connected to the same or similar safety organizations and private educational institutions of religious education-teaching institution.
Founder / co-founder of qualifications and institutions representative buildings
Article 4 Authority to open or opened an institution in legal entities, which will take over the real person; amnesty, even if they face due to an intentional crime or defamatory offense, imprisonment of six months or more must have been convicted and the punishment is sought.
Nature of corporate buildings, each with institutions such facility to be opened in the building and equipment standards set by the Ministry for.
Pub, coffee shop, coffeehouse, bar, electronic game centers, such as public places and places of spirits sold in the open, it is mandatory to have at least a hundred meters from door to door of the school building. they continue with education institutions of individuals in need of special education in private educational institutions other than schools, this obligation does not apply. However, the aforementioned type of work in question can be found in private educational institutions located in the same building.
Tourism during periods of vacation in the vicinity of schools is intense, must not be sought hundred meters away from schools and work places mentioned above.
By Distance principles associated with the Interior, National Education, Health is determined by a regulation to be prepared jointly by the Culture and Tourism Ministry.
International private education institutions, foreign schools and private international education institutions Article 5
minority schools, foreign schools and procedures relating to minority schools are listed below.
A) International private educational institutions:
1) Only foreign international private educational institutions other than higher education students can continue; foreign natural and legal persons or by way of partnership with Turkish nationals in the framework of Council of Ministers No. 4875 Direct Foreign Investment Law opened the permission of the Board. The Republic of Turkey nationality natural persons, legal persons of private law or private law legal person governed by private education institutions can lead to the same end, the international nature of their name.
2) in these institutions; Turkish state and nation, the indivisible integrity of the country, against the security and interests of the Turkish nation's national, moral, humanitarian, education can not be done against the spiritual and cultural values.
3) educational programs in these institutions, procedures and other matters related to educational activities, corporate administration, prepared and carried out according to the principles approved by the Ministry.
4) the right to audit the Ministry on these issues reserved.
B) Foreign schools:
1) The Minister may make new land with the permission of the Board and capacity may increase to a maximum of five times.
2) building on existing land not to expand the land on which they are installed with the permission of the Ministry of requirement and students can increase their capacity and equipment to exceed the maximum one-fold or refreshes.
3) make renovations in the existing building with the permission of the governor in case of need.

4) Except as provided in this paragraph, the foreign schools; buildings can not be extended, branches can not be, can not be built and reconstructed buildings, including in lieu of the existing building. For this purpose, any property can be acquired or leased.
5) Foreign immovable property of the school, the founder of or officials of the Ministry of training or organizational goals with the proposal of 4721 Turkish transferable with the permission of the Council of Ministers to the foundations established by the Civil Code. delegated management of these institutions, education and training considering characteristics are determined by the Ministry of protection deemed useful.
C) minority schools:
1) of Law No. 340 dated 08.23.1923 due to the Treaty 40 and issues to do with the show features the school in the Article 41 shall be determined by regulation. These regulations, corresponding legislation and practices on these issues prepared by the countries concerned to be taken into account. official school legislation applies in matters not specified in the regulations. only members can read to their children in these schools minority citizens of the Republic of Turkey.
PART THREE

Education, Management, Operations Management and Personnel Agency Closing of Article 6

educational institution and institutions in education and administration, as expressed in the 1739 National Education Basic Law Turkey the overall objective of the National Education and conducted in accordance with basic principles.
Authority will be implemented in the curriculum and weekly timetables are determined in the framework of principles and procedures applied in the public institutions. There can also be applied in case of different curriculum approved by the Ministry and weekly schedule.
be managed by a director of the Corporation or management of the combined organization is essential. Management principles and procedures related to the combined organization will be determined by regulation.
A person may be the founder of multiple institutions. with the necessary qualifications founder / founders representative may also be the director of the institution. No manager on duty founder / founding representative of the institution's academic and administrative work related to not interfere. Deputy general manager and general manager to take more than one agency may be assigned the institution
Structure. withdrawal of consent
open an institution, the closure of institutions, transfer and transport
Article 7 to open an institution permit the institutions in two years in the institutions that were found to misuse by the start educational institutions open is canceled permits.
Private education institutions, the loss of any of the institutions open conditions or make unauthorized changes, the number specified in the legislation staffing failure or contrary to the legislation personnel to be employed, fail to fulfill the necessary conditions for advertising and posting three months with no less than fifteen days, depending on the severity of the behavior so temporarily, does not comply with the basic principles of general and specific objectives of the 1739 National Education basic Law, which shut down the appropriate institutions of the legislation, is temporarily shut penalty area and the same act again functioning institutions permanently closed by the authority that permission to open institutions.
School founder / founders representative; Ministry, administrator, teacher, expert tutorials, master trainers and students / trainees if provided notice in writing at least three months ago and no proper justification for the Ministry may close the school at the end of the school year.
School founders of other institutions outside / founder representatives of the governor, administrator, teacher, professional teacher, master instructors and students / trainees as provided notice in writing at least three months ago and the grounds of the governor's office is conveniently located can close the institution at the end if the year.
Liquidated or closed institutions; seal, administrators, teachers and students all books related, files and other documents related to the speed and the governor is obliged to deliver. He declined to neglect this task or assignment and transfer agent for the founder or founders of the 5326 Law on Misdemeanors Article 32 applies.
closed institutions with regard to student / trainee or their parents, the founders of the litigation rights in accordance with the general provisions against reserves.
Principles and procedures relating to the institution of the transfer and transport are determined by regulation.

Authority personnel to be employed in Article 8 Institutions of education and management services, the main task is mainly carried out by the administrator and educational elements that are in these institutions.

The current number of hours from the date of an organization start teaching one-third during the installation, three years after the establishment of at least two-thirds of the main task of the teacher in these institutions must be taught by expert instructors or master trainers.
Institutions in management and educational services, possess the necessary qualifications and requirements for appointment at least equivalent to formal education institutions, while the official equivalent have the institutions of administration and educational services regulation that meets the specified qualifications and requirements are assigned. In case
needs, the official schools to impede the actual tasks to teachers and which obliged monthly money studied records of weekly complete the number of hours and the only school with permission of the organizations they work for, the monthly equivalent of the number of hours per week is obliged to read half the paid lecture given. The total number of hours teachers can not exceed three hours per week. Experts
tutorial, master trainer and teacher qualifications and requirements to which other government officials, may be paid not to exceed ten hours a week teaching assignment with the permission of the relevant departments. Other issues related
Course hours paid as determined by the regulation AcAklArlA appointed.
director of the Institute, founder / by founding representative; other administrators and teachers, expert tutorials and master trainer of directors to be elected by the consent of the governor and submitted to the work permit. With the permission of the director of the Governor's other administrators, teachers, expert tutorials and master trainers can not start work.
Necessary conditions for carrying administrator, teacher, expert instructors and the governor's office work permit is issued for master trainers. cancellation of the work permit is made by the governorship again.
Foreigners to work under this Act shall be appointed in accordance with the provisions of Foreigners numbered 4817 Law on Work Permits.
Turkish from that other language teaching and co-founder of the managers of schools opened by foreigners, Turkey nationals, Turkish or Turkish culture courses one knows the bearing and language of teaching qualifications to teaching, the Turkish director of a work permit as a top aide to recommend to the governor for editing.
Knows the teaching language courses in Turkish or Turkish culture still lack teachers, have received special training in the field of school education language teachers in the Republic of Turkey citizenship can be given this task.
This proposal, despite warnings that schools do in one month Turkish headmaster, chooses the governor among the teachers and began to work with the above requirements.
Personal rights and responsibilities
Article 9 managers working in institutions, teachers, experts will be held between trainer and master trainer with the founder or founders representative bargaining, writing is performed in accordance with the regulations specified to be for at least one calendar year. teachers who leave the organization because of their excuses and managers with delegated bodies to be taken instead of the teacher, the teacher and one year labor agreement with the tutorial can be done in less time.
School in administration and education services to those who, according to their seniority (excluding pensioners) can not be charged at the additional payment falls within the scope of social assistance paid monthly in formal schools.
Additional payments under social assistance, as equivalent to benefits provided to the official school teachers and staff with budget laws to the school teachers and staff to be paid. The tax revenue from the additional payments under social assistance is not interrupted.
Amount of additional tuition fees in institutions, shall not be less than the amount determined for the formal schools. However, Article 8 additional course fee amount will be paid to those employed in the formal schools and institutions under Article shall not exceed twice the additional tuition fee determined for formal schools. managers working in
Authority, a teacher, expert and master trainers teaching, without prejudice to the provisions of this Act;
A) in respect of social security and personal rights; No. 506 of 4857 of the Social Security Act,

B) the authority, responsibility, rewards and punishments with respect to their implementation; 657 Civil Servants Act on Promotion and Punishment of 1702 on Primary and Secondary Education Teachers Act, 4357 No. Hususi promoted to Staff of Salary Area School Teacher of the Administration, rewarded and punished them and the teachers will be formed for Health and Social Fund and Building Fund and the Teachers' Due to About the Law on the Trial of Civil Servants and other Public employees No. 4483 Act, subject to the provisions
.
However, 657 Civil Servants Act, according to stage progression of stopping penalty case processing requires acts of gross salary instead of penalty stopped and progress to the people ¼ to ½ of salary cut penalty, given by the authority that a work permit. In the case of repeated given the last task.
Removal of the profession by 1702 numbered Law or 657 Civil Servants in processing civil servant dismissed from requiring actions and the case according to law, then, the staff of the mission by taking the opinion of the Ministry terminated by the authority that permission.
Authority, responsibility, awards, records, other principles and procedures for the implementation of discipline and punishment are determined by regulation.
In institutions serving manager, teacher, expert tutorials and master trainers, 5237 for the crimes committed against them because of crime or tasks during their duties on Turkish implementation of the Criminal Code and public servants is considered in terms of criminal prosecution.
Cancellation of the work permit and temporary assignments twice
Article 10 inspection report identified the failure of administrators, teachers, work permit of the expert instructors and mentor, will be canceled by the authority that permission.
Service manager continues to be harmful in accordance with the provisions of Article 9, teacher, master teacher, the master trainers and other staff of the mission is terminated by the permitting authority.
In this case, it notified the concerned institution to be notified. Communiqué, the termination of the contract and shall constitute sufficient reason for his expulsion with the institution's relevant. During the inspection and supervision of the governor
Authority, the institutions need common case manager, teacher, trainer and master trainer may be dismissed by experts. In this case, the governor's office, taken the necessary measures making temporary assignment.

CHAPTER FOUR Inspection, Advertising, Financial Provisions and Fees
Control, advertising and announcements
ARTICLE 11 institutions and personnel in these institutions are under the control and supervision of the Ministry.
audits conducted in terms of education, training and management of the institution-specific regulations are taken into account.
Institutions, but they can not be identified in accordance canvass and proclaim their goals. These institutions canvassing and proclamation of the misrepresentation can not make commercials and advertisements and on television can not.

Financial provisions Article 12 Institutions, edit it to provide not only earning activities. However, Turkish National Education to improve the quality of education for the purpose of can provide income to development opportunities and to invest and services will allow.
Ministry, within the framework of the provisions of the 4734 Law on Public Procurement organizations can purchase service.
School of water, gas and electricity charges to be applied to the tariffs applied to formal schools.
Tuition fee and other fees, free education and foreign students
Article 13 Tuition fees and other charges, bodies are identified each year shall be announced in the month of May at the latest from January.
Fees are determined based on what basis, determination, determined by the regulation and declaration will be charged.
Institutions are obliged to render free service to students to not less than three per cent of the number of students. Ministry, this percentage can be increased up to him. Free
percentage of students to be taught, principles and procedures for the selection and organization to accept the conditions specified in the regulation.
Institutions can also run scholarship. The principles and procedures for the award of the scholarship is determined by regulation.
Be taken to a school, the number of foreign students, it does not exceed thirty percent of the citizens of the Republic of Turkey the number of students studying at the school. CHAPTER FIVE


removed Provisional and Final Provisions of the applicable laws, regulations and provisions of Article 14 no circumstances
dated 8/6/1965 and No. 625 on Private Education Institutions Act is repealed.

Regulations specified in this Act, from the date of entry into force of the Act put into effect in a year.
Matters not included in the provisions of this Act apply legislation applied in formal educational institutions. PROVISIONAL ARTICLE 1
regulations as stipulated in this Law come into force, it shall continue to apply the existing regulations are not contrary to the provisions of this Act.
Provisional Article 2 before the entry into force of this Act, pay teachers who teach in institutions is the official school officials, the work permit while they continue their duties until the date of expiration of institutions.
Provisional Article 3 of the Article 12 of this Law shall apply from the 2006-2007 academic year.
PROVISIONAL ARTICLE 4 2828 Social Services and Child Protection Agency renew special education and rehabilitation centers to allow opening in accordance with the conditions set by the Ministry of Education until 31/12/2007, which have been authorized by their Law.

Enforcement Article 15 of this Law shall enter into force on the date of publication.

Article 16 of this Law shall be enforced by the Executive Council of Ministers.