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Turkish Private Education Institutions Law Code

Private Educational Institutions Law No. 5580 was issued to regulate the procedures and principles regarding the opening, management, education and training activities, permits, inspection and closure of private educational institutions. Private education institutions at all levels such as pre-school, primary, secondary and non-formal education institutions are within the scope of the law. The law aims to ensure that private education institutions comply with the general principles applied in public schools. Thus, it is aimed to create a quality and standard private education system throughout the country.

There are certain conditions for opening private educational institutions. Natural or legal persons who want to open a private school must apply to the Ministry of National Education and obtain permission to open an institution.

Again, the qualifications and appointment of teachers who will work in private education institutions are determined by Law No. 5580.

With this law, which came into force in 2007, the legal status of private education institutions was clarified and the sector was tried to be given a more institutional structure. However, in order for private schools to provide quality education, it is of great importance that, in addition to legal regulations, necessary infrastructure investments are made and control mechanisms are operated effectively. Below you will find the full text of the law and article reviews.

The Turkish Civil Code (TMK) on this page is shared as it is available on the official legislation publication website “mevzuat.gov.tr”. The developments leading to the change in the law are followed and this page is updated.

Turkish Private Education Institutions Law Code

CHAPTER ONE: Purpose, Scope and Definitions

Purpose and scope

ARTICLE 1 – The purpose of this Law is to grant permission to open institutions to private educational institutions to be opened by real persons of Turkish nationality, private law legal entities or legal entities managed in accordance with the provisions of private law, transfer, transfer of the institution, employment of personnel, financial support to be provided to the institutions and the provision of these institutions. Private educational institutions opened by foreigners with education, management, supervision and supervision; It regulates the procedures and principles regarding education, management, supervision, supervision and personnel employment.

This law, the Republic of Turkey nationality natural persons, legal persons of private law or according to the provisions of private law filed by foreigners with the private education institutions include legal persons governed by private educational institutions.

Definitions

ARTICLE 2 – In this Law;

a) Ministry: Ministry of National Education,

b) Institution: Pre-school education, primary education, secondary education, special education schools and various courses, private education courses, distance education institutions, motor vehicle drivers courses, in-service training centers, special education and rehabilitation centers, social activity centers, vocational training centers. and similar private educational institutions,

c) School: Private education, pre-school, primary school, secondary school and secondary education and private secondary schools, which are among the institutions included in the transformation program by the Ministry and whose activities continue until the end of the 2018-2019 academic year,

d) Foreign schools: Private schools opened by foreigners,

e) Minority schools: Greek, Armenian and founded by the Jewish minorities, guaranteed by the Treaty of Lausanne and pre-school that their minority belonging to the Republic of Turkey nationality students continue education, primary and secondary private schools,

f) (Constitution cancellation clause)

g) Various courses: private educational institutions that operate to improve people's knowledge, skills, language, talents and experiences in social, artistic, sports, cultural and professional fields and to spend their free time according to their wishes,

h) Special education school: A private education institution that provides services to individuals in need of special education, has specially trained personnel and where developed education programs are implemented,

i) Motor vehicle drivers course: Private education institutions that train motor vehicle drivers, give certificates as a result of the exam and provide education about traffic,

j) (Repealed clause)

k) Special education and rehabilitation center: Eliminating or minimizing or minimizing the speech and language development difficulties, voice disorders, mental, physical, sensory, social, emotional or behavioral problems of individuals requiring special education, and maximizing their abilities again, Private education institutions that operate in order to develop basic self-care and independent living skills and to ensure their adaptation to society,

l) International private education institutions: Private education institutions that only foreign students can attend,

m) Founder: Real or legal person who is the owner of the institution and for whom an institution opening permit is issued,

n) Founding representative: Private law legal entities or person elected on behalf of legal entities managed according to private law provisions,

o) Distance education institution: Institutions that provide education with all kinds of communication tools for those who cannot continue their education for various reasons,

ö) Private education course: Institutions providing education in a science group where individuals develop their knowledge, skills, abilities and experiences and spend their free time in educational environments suitable for the scientific groups determined by the Ministry, in line with the teaching programs appropriate to their education levels, interests and wishes,

p) Social activity center: Opened and operated by municipalities with a business opening and working license issued by the Ministry, within the framework of joint cooperation protocols made between provincial national education directorates and municipalities and approved by the Ministry, where primary and/or secondary school students conduct research on their homework and projects, and where students are interested. Private educational institutions where social, cultural, artistic and sports activities are carried out in line with their wishes and abilities,

r) Vocational training center: It refers to the private education institution where apprenticeship, journeyman and mastery training and vocational and technical course programs are implemented.

CHAPTER TWO: Opening an Institution, Founder, Institution Buildings, International Private Education Institutions, Foreign Schools and Minority Schools

Permission to open an institution

ARTICLE 3 – In order to start education in an institution, it is mandatory to obtain permission to open an institution. Permit applications are made to the relevant national education directorate. Permission to open an institution is given to institutions other than schools that are deemed appropriate to open as a result of the examination carried out by the governorship. Applications for schools deemed appropriate to be opened by the Governorship are sent to the Ministry for permission to open institutions.

In case the request for permission to open an institution is rejected by the governorship, an objection can be made to the Ministry within fifteen working days from the notification of the denial of the request by the founder or founding representative. The objection is concluded by the Ministry within fifteen working days.

Student enrollment cannot be made to the institution unless permission to open an institution is obtained.

The granting of permission to open an institution depends on the fulfillment of the following conditions as well as the building is found suitable and sufficient for the purposes of use and the standards determined by the Ministry:

a) Determining with a report that the course equipment is sufficient for the goals and needs of the institution.

b) The institution; finding suitable managers, teachers and other personnel in terms of their number and qualifications and documenting that they will work in this institution.

c) The regulations of the institution and the education program must be examined and approved by the Ministry.

Institution opening permits issued after September 1 for primary, secondary, high school and special education schools within the scope of this Law, except for international private education institutions, are valid from the following academic year.

The principles regarding naming institutions are determined by a regulation.

By real and legal persons; Except for activities that fall within the scope of in-service training, activities specified within the scope of the Law cannot be carried out without the permission of the competent authorities to open an institution.

Military schools, schools affiliated to the police organization and the same or similar private education institutions of religious education-teaching institutions cannot be opened.

Subparagraph (d) of the first paragraph of the 10th article of the Metropolitan Municipality Law No. 7 dated 2004/5216/7, subparagraph (c) of the first paragraph of the 3th article of the Municipality Law No. 7 dated 2005/5393/15 and subparagraph (c) of the first paragraph of the Municipality Law No. 22 dated 2/2005/5302 The permits or licenses specified in subparagraph (a) of the first paragraph of Article 7 of the Special Provincial Administration Law No. XNUMX do not cover private education institutions within the scope of this Law. Business and working licenses are issued by the Ministry, provided that they comply with the legislation of private educational institutions. The Ministry may delegate this authority to governorships.

The activities carried out for the purpose of providing education and training under any name are subject to the permission and inspection of the Ministry. Those conducting these activities are obliged to comply with the rules stipulated in this Law for private education institutions.

An administrative fine of 20 times the gross minimum wage will be imposed on those who establish or operate places that carry out education and training activities within the scope of this Law, but for which permission to open an institution and a business license and operating license are not issued in accordance with this Law, and these places will be closed by the governorships. The procedures and principles regarding the implementation of this paragraph are determined by the regulation.

If it is determined that the founders of private education institutions that meet the conditions specified in Article 1 of this Law and are opened by private law legal entities or legal entities managed in accordance with the provisions of private law are partnerships of foreign real or legal persons, an administrative fine of 20 times the gross minimum wage is imposed on the said institutions. Institutions are given 30 business days to terminate the partnership of foreign real or legal persons. If the partnership of foreign real or legal persons is not terminated despite the said period, or if the partnership of foreign real or legal persons is detected in the same institution for the second time, the institution opening permit and business and working license of the institution in question will be cancelled. The procedures and principles regarding the implementation of this paragraph are determined by the regulation.

Qualifications of the founder / founding representative and institution buildings

ARTICLE 4 – Real person founders of private education institutions, management bodies of legal person founders, founder representatives and personnel; Even if the periods specified in Article 26 of the Turkish Penal Code No. 9 dated 2004/5237/53 have passed, a prison sentence of one year or more for a crime committed intentionally, or even if an amnesty has been granted, crimes against the signs of sovereignty of the State and the dignity of its organs, crimes against the security of the State, crimes against the constitutional order and the functioning of this order, crimes against national defence, crimes against state secrets and espionage, embezzlement, extortion, bribery, theft, fraud, forgery, abuse of trust, fraudulent bankruptcy, bid rigging, tampering with the performance of an act. Not having been punished for crimes committed under the Law No. 11 on Prevention of Laundering Proceeds of Crime, dated 10/2006/5549 and no. XNUMX, and smuggling crimes, laundering of assets resulting from crime, smuggling crimes, crimes against terrorist organizations or National Security. The requirement is that he/she not be a member, affiliated or affiliated with or have any contact with structures, entities or groups that are determined by their establishment to operate against the national security of the State.

The qualifications of the institution's buildings, the institutions that can be opened in these buildings and the standards regarding all kinds of facilities and equipment are determined by the Ministry.

Public places such as taverns, coffee houses, cafes, bars, electronic game centers and places where open alcoholic beverages are sold must be at least XNUMX meters from the school buildings door-to-door. This obligation is not sought in educational institutions where individuals in need of special education attend and in other private education institutions other than schools. However, these private education institutions and the above-mentioned types of workplaces cannot be located in the same building.

During periods when schools in the regions where tourism is intense are on holiday, the condition of XNUMX meters distance between the above-mentioned workplaces and schools is not required.

The principles regarding distance are determined by the regulation to be prepared jointly by the Ministries of Interior, Environment and Urbanization, National Education, Health, Culture and Tourism.

Private international education institutions, foreign schools and minority schools

ARTICLE 5 – The principles regarding international private education institutions, foreign schools and minority schools are stated below.

a) Private international education institutions:

1) Private international education institution other than higher education that only foreign students can attend; It can be opened by foreign real and legal persons or through partnership with Turkish citizens within the framework of the Foreign Direct Investment Law No.4875, with the permission of the President. Republic of Turkey nationality natural persons, legal persons of private law or legal entity governed by private law provisions may lead to the international nature of private educational institutions in their own names for the same purpose.

2) In these educational institutions; Education cannot be conducted against the indivisible integrity, security and interests of the Turkish State with its country and nation, against the national, moral, human, spiritual and cultural values ​​of the Turkish Nation.

3) Transactions regarding curriculum, educational activities and other matters in these institutions are carried out in accordance with the principles prepared by the institution management and approved by the Ministry. Those who acquire Turkish citizenship while attending these institutions can continue their education in the same institution or another international private education institution that implements the same program until the end of their current education level.

4) The Ministry's right to audit in these matters is reserved.

b) Foreign schools:

1) With the permission of the President, it can acquire new land and increase its capacity up to five times.

2) On the condition that the lands on which they are established are not expanded and with the permission of the Ministry, the building, student and equipment capacities on the existing land can be increased or renewed by maximum one fold.

3) It can make renovations in its existing buildings with the permission of the governorship in case of need.

4) Except for the ones specified in this paragraph, foreign schools; buildings cannot be expanded, branches cannot be opened, and buildings cannot be rebuilt to replace existing ones. No property can be acquired or rented for this purpose.

5) Immovable properties of foreign schools can be transferred to the Ministry upon the recommendation of their founders or officials, or to foundations established in accordance with the Turkish Civil Code No. 4721 whose purpose of establishment is to provide education, with the permission of the President. The Ministry determines those deemed beneficial to preserve these transferred institutions, taking into account their management, education and training characteristics.

c) Minority schools:

1) The issues that schools must have in connection with Articles 23 and 8 of the Treaty based on Law No. 1923 dated 340/40/41 are determined by the regulation. This regulation is prepared by taking into account the corresponding legislation and practices of the relevant countries on these issues. Official school legislation applies to matters not specified in the regulation. Only children of Turkish citizens belonging to their own minority can study in these schools.

CHAPTER THREE: Education, Management, Closing of the Institution and Personnel Procedures

Education and management of institutions

ARTICLE 6 – Education and management in institutions are carried out in accordance with the general purpose and basic principles of Turkish National Education expressed in the Basic Law of National Education No. 1739.

The curriculum and weekly course schedule to be applied in the institutions are determined within the framework of the procedures and principles applied in the official institutions. If deemed appropriate by the Ministry, different education programs and weekly course schedules may also be applied.

It is essential that the institution or the institutions whose management is combined are managed by a manager. The procedures and principles regarding the institutions whose management will be merged are determined by a regulation.

A person can be the founder of more than one institution. The founder / founding representative with the necessary qualifications may also be the director of the institution. The founder / founding representative, who does not have the duty of director, cannot interfere with the education and management affairs of the institution.

A general manager and a deputy general manager can be appointed to institutions that have more than one institution.

In institutions operating within the scope of this Law, except for professions for which professional qualification certificates are issued by the Vocational Qualifications Authority, those who have successfully completed the programs determined by the Ministry can work and open a business in workplaces related to the programs they have completed with the course completion certificates they receive. No other professional certificate is required for people in this situation.

Exam fees for the course completion, level determination and level completion exams and other exams required by the program in line with the applied program, the exam fees to be collected from the examiners, the fees and exam expenses to be paid to those assigned in these exams and the procedures and principles of the exams are determined by the Ministry.

Cancellation of permission to open an institution, closure, transfer and transfer of the institution

ARTICLE 7 – The institution opening permit and business opening and operating license of institutions that have been granted permission to open an institution, that do not start their operations within two years, that take an unauthorized break after starting their operations for more than the period specified in the regulation, or that are found to have used the permission for purposes other than their intended purpose, will be cancelled.

Private education institution;

a) Making unauthorized changes to the settlement plan approved by the Ministry,

b) Posting false or misleading advertisements or advertisements, or using student pictures or information in advertisements or advertisements,

c) Implementation of weekly course schedules and programs in the institution without the permission of the Ministry,

d) Acts contrary to the provisions specified in this Law and the regulations and directives put into force based on this Law,

e) Not employing the number of personnel specified in the legislation or employing personnel contrary to the legislation,

f) Failure to comply with the general and specific purposes and basic principles of the National Education Basic Law No. 14 dated 6/1973/1739,

g) Loses any of the conditions for opening an institution,

h) Failure to close in accordance with the legislation,

in their state; For acts in paragraphs (a), (b), (c) and (d), five times the gross minimum wage; An administrative fine of ten times the gross minimum wage is imposed for the acts in clauses (e) and (f), and twenty times the gross minimum wage is imposed for the acts in clause (g). In case of repetition of the acts in subparagraphs (a), (b), (c), (d), (e), (f) and (g) of this paragraph, the amount of administrative fine is increased by five times and if the acts in these subparagraphs are repeated for the third time, The permission to open an institution and the license to open a business and work are cancelled. If the act in paragraph (h) is committed, an administrative fine of twenty times the gross minimum wage is imposed and the permit to open an institution and the license to open a business and work are cancelled. Administrative fines are imposed by the authority authorized to grant permission to open an institution. The procedures and principles regarding the implementation of this paragraph are determined by the regulation.

School founder / founding representative; The Ministry may close the school at the end of the academic year, provided that it notifies administrators, teachers, expert trainers, master trainers and students / trainees in writing at least three months in advance and if the reason is deemed appropriate by the Ministry.

The founder / founding representative of other institutions other than schools may close his institution at the end of the term, provided that he notifies the governorship, directors, teachers, expert trainers, master instructors and students / trainees in writing at least three months in advance and if the justification is deemed appropriate by the governorship.

Institution that is closed or closed down; He is obliged to transfer and deliver his seals, all books, files and other documents related to administrators, teachers and students to the relevant governorship. An administrative fine of twenty times the gross minimum wage is imposed on the founder who avoids the transfer and delivery or neglects this duty.

The right of the students/trainees or their parents to file a lawsuit against the founders in accordance with the general provisions regarding the closed institutions is reserved.

Procedures and principles regarding the transfer and transfer of institutions are determined by regulation.

Those who close their institutions without complying with the conditions set forth in this Law, and the founder whose permission to open an institution and whose work and work license has been revoked as a result of the investigation, are not allowed to open an institution again, to take over an institution or to become a partner in an institution before five years have passed.

Personnel to be employed in institutions

ARTICLE 8 – It is essential that the education, training and management services of the institutions are carried out by administrators and education staff whose main duties are in these institutions.

It is compulsory that one-third of the current number of course hours from the beginning of education of an institution, at the time of its establishment, and at least two-thirds of the three years after its establishment, be taught by teachers, expert trainers or master trainers whose main duty is in these institutions.

In the management and education services of the institutions, those who have the qualifications and conditions required to be appointed to the least equivalent official education institutions, and those who have the qualifications and conditions specified in the regulation for the management and education services of institutions that do not have an official equivalent are assigned.

In case of need, teachers working in public schools can be given paid lessons as much as half of the number of weekly hours they are obliged to teach in schools only with the permission of the institutions they work, provided that they do not disrupt their main duties and fill the number of weekly course hours they are obliged to teach for a monthly return.

With the permission of the relevant units, paid tutoring for a period not exceeding ten hours per week may be assigned to expert trainers, master instructors and other civil servants who meet the qualifications and conditions of teaching.

Other issues related to those who will be assigned for a paid course hour are determined by a regulation.

The directors of the institutions, by the founder / founding representative; Other administrators and teachers, expert trainers and master trainers are selected by their principals and their work permits are submitted to the governorship. Without the permission of the governorship, the principal and other administrators, teachers, expert trainers and master trainers cannot be recruited.

A work permit is issued by the governorship for administrators, teachers, expert trainers and master trainers who meet the necessary conditions. Cancellation of the work permit is also made by the governorship.

Foreigners who will work within the scope of this Law are assigned in accordance with the provisions of Law No. 4817 on Work Permits for Foreigners.

He engaged in another language instruction from Turkish and founder of the managers of the schools opened by foreigners, Turkey nationals, Turkish or Turkish culture courses one knows the bearing and language of teaching qualifications do the teaching, the Turkish director of a work permit as a top aide to recommend to the governor for editing.

If there is no teacher of Turkish or Turkish culture courses who knows the language of instruction, this duty may be assigned to teachers who are nationals of the Republic of Turkey and have received special field training in the language of instruction of the school.

The governorship chooses the Turkish chief assistant principals of the schools that do not make this proposal within a month despite the warning from among the teachers who meet the above conditions and start them to work.

Personal rights and responsibilities

ARTICLE 9 – The employment contract to be made between managers, teachers, expert trainers and master trainers working in institutions and the founder or founder's representative shall be made in writing in accordance with the principles specified in the regulation, for a period of at least one calendar year. Employment contracts can be made for a period of less than one year with the teachers and instructors who will be replaced by the teachers and instructors who left the institution due to excuses, and with the administrators, teachers and instructors of the transferred institutions.

Additional payments within the scope of social assistance are also paid to school teachers and staff, in line with the rights provided to official school teachers and staff by budget laws. Income tax is not deducted from additional payments within the scope of social assistance.

The amount of additional course fees in institutions cannot be less than the amount determined for public schools. However, in accordance with Article 8, the amount of additional lesson fee to be paid to those who are appointed from public schools and institutions as a paid employee cannot exceed twice the additional lesson fee determined for public schools.

Without prejudice to the provisions of this Law, administrators, teachers, expert trainers and master trainers working in institutions;

a) In terms of social security and personal rights; Social Security Law No. 506 and Labor Law No. 4857,

b) In terms of authority, responsibility, rewards and punishments and their implementation; Law No. 657 on Civil Servants, Law No. 1702 on the Promotion and Entitlement of Primary and Secondary Education Teachers, Law No. 4357 on the Promotion, Reward and Punishment of Primary School Teachers Receiving Salaries from Special Administrations, and the Health and Social Assistance Fund and Construction Fund to be Established for These Teachers and the Receivables of Teachers. It is subject to the provisions of the Law No. 4483 on the Trial of Civil Servants and Other Public Officials.

However, in case of committing acts that require the penalty of suspension of promotion in accordance with the Civil Servants Law No. 657, a salary deduction penalty of 1/4 to 1/2 of their gross salary is given to these people by the authority that issues the work permit, instead of the penalty of suspension of promotion. In case of repetition, the duty is terminated.

In case of committing acts and situations that require the penalty of dismissal from profession according to Law No. 1702 or dismissal from civil service according to the Civil Servants Law No. 657, the personnel's employment is terminated by the authority that gave the permission, after obtaining the opinion of the Ministry.

Other principles and procedures regarding the enforcement of powers, responsibilities, awards, registrations, disciplines and penalties are determined by a regulation to be issued.

Administrators, teachers, expert trainers and master trainers working in institutions are considered public officials in terms of the implementation of the Turkish Penal Code No. 5237 and criminal prosecution due to crimes committed against them during the course of their duties or due to their duties.

Cancellation of work permit and temporary assignment

ARTICLE 10 – The work permits of administrators, teachers, expert instructors and master instructors whose failure is detected through two inspection reports are canceled by the authority that issued the permit.

This situation is notified to the institution to be notified to the relevant person. The notification constitutes sufficient grounds for the termination of the contract and the dismissal of the person concerned with the institution.

During the inspection and inspection of institutions, the governorship may dismiss the administrators, teachers, expert trainers and master trainers of the institution when deemed necessary. In this case, the necessary measures are taken by the governorship by making a temporary assignment.

CHAPTER FOUR: Audit, Advertisement, Financial Provisions and Fees

Auditing, advertising and announcements

ARTICLE 11 – Institutions and the personnel working in these institutions are under the control and supervision of the Ministry.

The special regulation of the institution is also taken into account in the audits made in terms of education and management.

Institutions can only advertise and advertise in accordance with their purposes. These institutions cannot make false statements in their advertisements and advertisements, and they cannot make advertisements or advertisements on television.

Financial provisions

ARTICLE 12 – Institutions cannot organize their activities just to make profit. However, they can generate income to improve the quality of education in line with the aims of Turkish National Education and to make investments and services that will provide opportunities and opportunities for their development.

The water, natural gas and electricity charges of schools are applied according to the tariff applied to official schools.

Within the scope of this Law, for each student who is a citizen of the Republic of Turkey studying in vocational and technical education schools opened in organized industrial zones, starting from the 2012-2013 academic year, an amount not exceeding one and a half times the cost to the State of a student studying in public schools, depending on the type of school, will be paid. As of the academic year, education and training support can be provided from the appropriation allocated for this purpose to the Ministry's budget in an amount determined jointly by the Ministry of Finance and the Ministry.

By the decision of the President, education and training support may be provided within the framework of the procedures and principles in the sixth paragraph for students who are citizens of the Republic of Turkey studying in vocational and technical education schools opened outside organized industrial zones within the scope of this Law.

In case those who provide or benefit from the education and training service in question cause extra payment by making false statements, these amounts will be paid together with the delay interest to be calculated in accordance with Article 21 of the Law on the Collection Procedure of Public Receivables No. 7 dated 1953/6183/51, starting from the date of payment. Payment within one month will be requested from those responsible for the same, upon notification. If not paid within this period, these amounts will be monitored and collected by the tax offices affiliated with the Ministry of Finance in accordance with the provisions of the said Law. In case of repetition of these acts, the permission to open an institution will be cancelled.

The criteria for providing support, including student success status, rules regarding which education and training fields will be supported, and other procedures and principles are determined by the regulation prepared jointly by the Ministry of Finance and the Ministry.

Production can be made in workshops and laboratories that have the standards and equipment determined by the Ministry according to the characteristics of the fields and branches in order to improve the quality of vocational education given in vocational and technical Anatolian high schools, and the professional knowledge and skills of teachers and students opened under this Law, and the income from the sale of the goods and used in management services. The share paid to the students and staff involved in production and the procedures and principles regarding production conditions are regulated by a regulation.

Various courses operating under this Law can produce goods and services for a fee with the participation of education staff and trainees in accordance with the content of their programs, as well as teaching activities in their institutions. The programs in which the production of goods and services will be carried out, the determination of the fees to be paid to the participants in the production activity, and other procedures and principles regarding the implementation of this paragraph are determined by the Ministry.

Tuition and other fees, free tuition and foreign students

ARTICLE 13 – Tuition fees and other fees are determined by the institutions every year and announced starting from January and in May at the latest.

The principles on which the fees will be determined, appointed, announced and collected are determined by a regulation.

Institutions are obliged to provide free education to not less than three percent of the number of students studying. This rate can be increased up to ten percent by the Ministry. In free reading; Anti-Terror Law No. 12 dated 4/1991/3713, Law No. 3 on Cash Compensation and Pensions dated 11/1980/2330 or laws requiring pensions by applying the provisions of Law No. 2330, Turkey dated 8/6/1949 and No. 5434 Priority is given to children of primary and secondary school age of those deemed war or duty disabled within the scope of Articles 56, repealed Articles 45 and 64 of the Republic Pension Fund Law and Article 31 of Law No. 5 dated 2006/5510/47, and children for whom protection, care or shelter decisions have been made. .

The procedures and principles regarding the percentage of students to be educated free of charge, their selection and admission conditions to institutions are determined by the regulation.

Institutions may also provide tuition scholarships. The procedures and principles regarding the granting of education scholarships are determined by the regulation.

The number of foreign students may be taken to a school, it does not exceed thirty percent of the number of students studying at the school nationals Republic of Turkey.

CHAPTER FIVE: Provisional and Final Provisions

Repealed laws, regulations and situations without provisions

ARTICLE 14 – Private Educational Institutions Law No. 8 dated 6/1965/625 has been repealed.

The regulations specified in this Law are put into effect within one year from the effective date of the Law.

For matters for which there are no provisions in this Law, the provisions of the legislation applied in official education institutions are applied.

ADDITIONAL MATERIALS

ADDITIONAL ARTICLE 1 – For students who are citizens of the Republic of Turkey studying in private primary schools, private secondary schools and private high schools providing formal education within the scope of this Law, education and training support may be provided, not exceeding the education period of a student studying in public schools, at each level, depending on the type of school. Those who receive education from private pre-school education institutions can also benefit from the education and training support within the scope of this paragraph for a maximum of one academic year, provided that it is between 48-66 months.

Education and training support may be given above the minimum number of students determined by the Ministry for each classroom according to education levels and, in any case, not to exceed the maximum number of students determined per classroom. The total number of students to whom education and training support will be provided is determined jointly by the Ministry of Finance and the Ministry every year.

Education and training support; criteria such as the priority level and development status of the region in development, the income level of the student's family, the number of students in the education region, the success levels of the supported student and the school where the student will go, and priority students can be given separately or together.

In case those who provide or benefit from the education and training service in question cause extra payment by making false statements, those who caused this will be asked to pay these amounts within one month from the date of payment, together with the delay interest to be calculated in accordance with Article 6183 of Law No. 51. If not paid within this period, these amounts will be monitored and collected by the tax offices affiliated with the Ministry of Finance in accordance with the provisions of the said Law. In case of repetition of these acts, the permission to open an institution will be cancelled.

Those who take over the institutions within the scope of the transformation program, provided that their aims and qualities are maintained, can benefit from the provisions of this article with the permission of the Ministry.

At the end of the transformation process, those who cannot meet the requirements of the formal education institution they request to convert to will have their institution opening permits canceled and their activities will be terminated. Institutions in this situation are requested to pay the monetary amount of the exceptions, exemptions, rights and other incentives they benefit from within the scope of incentive practices, within one month from the date of benefiting from the relevant incentive, together with the delay interest to be calculated in accordance with Article 6183 of Law No. 51. If not paid within this period, these amounts will be monitored and collected by the tax offices affiliated with the Ministry of Finance in accordance with the provisions of the said Law.

The conditions to be sought for those who will be employed in the Ministry within the scope of this article, the criteria for the provision of education and training support, the types of education institutions to be given support, the support amounts to be provided by education levels and institutions, the control and inspection of education and training support and other procedures and principles regarding the implementation of this article Ministry of Finance and by a regulation prepared jointly by the Ministry.

ADDITIONAL ARTICLE 2 - Excluding schools and private education courses, implementing the same or a part of the primary and secondary education formal education programs, albeit under other names, or operating to organize mass exams for these programs, such as trial, level determination exam, face-to-face or Private educational institutions or places cannot be opened, operated, or educational programs created using the distance education method. These activities cannot be carried out in units such as continuing education centers of non-governmental organizations and higher education institutions. Municipalities, on the other hand, can open free courses in support of formal education programs within the framework of joint cooperation protocols made with the provincial national education directorates and approved by the Ministry.

TEMPORARY MATERIALS

PROVISIONAL ARTICLE 1 – Until the regulations stipulated in this Law come into force, the provisions of the existing regulations that do not contradict this Law continue to be implemented.

PROVISIONAL ARTICLE 2 – Before this Law comes into force, teachers working in public schools and giving paid lessons in institutions may continue their duties in institutions until the end of their work permit.

PROVISIONAL ARTICLE 3 – Article 12 of this Law shall be implemented as of the 2006-2007 academic year.

PROVISIONAL ARTICLE 4 - Private education and rehabilitation centers that have received permission in accordance with the provisions of the Social Services and Child Protection Agency Law No. 2828 shall renew their opening permits in accordance with the conditions determined by the Ministry of National Education until 31/12/2007.

PROVISIONAL ARTICLE 5 – The Ministry accepts those who apply until 1/9/2015 to the transformation program into educational institutions if they are deemed appropriate according to the principles to be determined. The types of schools and other institutions that the institutions included in the transformation program can transform into, provided that they meet the conditions stipulated in the legislation until the end of the 2018-2019 academic year, and the principles and procedures of conversion are regulated by the regulation issued by the Ministry.

The provisions of the first sentence of the third paragraph of Article 4 and the second paragraph of Article 8 of the Law on Alcohol and Alcoholic Beverages No.6 dated 1942/4250/9 shall not apply until the end of the 2018-2019 academic year.

Except for the student study training centers that were included in the transformation program and were active on the date of publication of this paragraph, student study training centers that are still in operation may continue their activities until 1/7/2017. required by one of the private education institutions defined in subparagraphs (c), (g), (h), (i), (k), (o) and (ö) of the first paragraph of Article 29 of this Law, until 7/2017/2 at the latest. Permanent closure is applied to student study centers that are not brought into compliance with the conditions and whose permission to open an institution is not issued accordingly. Issues regarding the implementation of this paragraph are regulated by the regulation issued by the Ministry.

PROVISIONAL ARTICLE 6 – Private education courses operating on the date of publication of this article can continue their education and training activities in a science group as of 1/8/2017. Institutional opening permits are issued accordingly, and a permanent closure process is applied to private education courses for which institution opening permits have not been issued to operate in a science group as of 4/8/2017 at the latest.

Issues regarding the implementation of this article and the definition of science group are regulated by the regulation issued by the Ministry of National Education.

PROVISIONAL ARTICLE 7 – Pursuant to the sixth paragraph of Article 6, amended by the Law creating this article, the vested rights of those who have successfully completed the programs determined by the Ministry until the date of entry into force of this article and received a course completion certificate are reserved.

Force

ARTICLE 15 – This Law shall enter into force on the date of its publication.

Executive

ARTICLE 16 – The provisions of this Law shall be enforced by the Council of Ministers.

About the Author: Lawyer Saim İncekaş

Saim İncekaş is a lawyer registered with Adana Bar Association. He has been working at İncekaş Law Firm, which he founded, based in Adana, since 2016. After completing his law education with a master's degree, he carried out many different studies in this field. He is an expert in areas such as family law, divorce, custody cases, children's rights, criminal cases, commercial disputes, real estate, inheritance and labor law. Saim İncekaş is actively involved not only in the Adana Bar Association, but also in associations and organizations such as the European Lawyers Association, the Union of Turkish Bar Associations and Access to the Right to a Fair Trial. In this way, it takes part in many studies aimed at increasing awareness of the universality of law and confidence in the legal system. Contact Us Now via WhatsApp for an Appointment and Preliminary Meeting

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