Anatolia news agency, Ankara,
27 Sep 06
Turkish parliament passes law on private schools for minorities,
foreigners
Ankara, 26 September: The Private Educational Facilities Bill has
been passed into law by the Turkish parliament.
The bill defines minority schools as: "Pre-schools, primary schools
and secondary schools established by the Greek, Armenian and Jewish
minorities, assured by the Treaty of Lausanne, and which are attended
by students of Turkish nationality who are members of their own
minorities."
According to the bill, the term "foreign schools" covers private
schools opened by foreigners.
The terms dershane [privately run education centre], private
education school, drivers licence course, student study and education
centre, private training and rehabilitation centre, international
private teaching institution and distance learning institution are
all separately defined.
Treaty of Lausanne
The "qualities that must be demonstrated" by minority schools covered
by the 23 August 1923 Treaty of Lausanne and Law No 340 will be
defined by a directive. This directive will be drawn up by taking
into consideration the regulations and practices adopted by the
respective countries in these areas. Only the children of Turkish
citizens who are members of their own minorities will be able to
study in these schools.
International schools
Private international education establishments that are outside the
Turkish higher education system and attended only by students of
foreign nationality may be set up by foreign nationality real or
juristic persons or in partnership with Turkish nationals with the
permission of the cabinet in accordance with the Law on Direct
Foreign Investments.
Real persons of Turkish nationality, private law juristic persons or
juristic persons governed by the provisions of private law may set up
private international educational establishment in their own names
for the same purpose.
No teaching or instruction shall be given at these schools that is
counter to the indivisible unity of the country and nation of the
Turkish state, its security or interests, or that runs counter to the
national, moral, humanitarian, spiritual and cultural values of the
Turkish nation.
Foreign schools
Foreign schools may obtain new land with the permission of the
cabinet and increase their capacities by a maximum factor of five.
They may increase or renew the student and equipment capacity of
buildings on existing land by a maximum of one floor with cabinet
permission and providing that the land on which they are built is not
expanded.
Outside of these conditions foreign schools may not expand their
buildings, open branches, construct new buildings in place of
existing buildings, or obtain or lease land for this purpose.
Buildings may be repaired and renovated subject to the permission of
the provincial governor.
The immovable assets of foreign schools may on proposal by the
founders or authorities and with Cabinet permission be transferred
over to the Ministry [of Education] or to foundations set up for the
purposes of education in accordance with the Turkish Civilization
Law.
Assistant principals of foreign schools
The assistant principals who will work at schools opened by
foreigners where the language of instruction is not Turkish must be
Turkish citizens, must be qualified to teach Turkish and Turkish
culture, and will speak the language of instruction. In the event
that nobody with these qualifications can be found, this duty may be
given to teachers of Turkish nationality who have had specialist area
education in the school’s language of instruction.
Additional employment opportunities for teachers
Should the need arise then teachers at state schools may give up to
30 hours a week tuition at private schools. These teachers may only
work at schools with the permission of the institution they actually
work for and on condition that they do not suspend their actual
duties and do complete the requisite number of weekly classroom
hours. These teachers may give paid lessons for up to half the number
of weekly classroom hours they must teach in return for a monthly
wage.
In private educational establishments the job of giving paid lessons
may be given to specialist teachers, expert teachers and to other
civil servants who fulfil the requirements of teaching with the
permission of the pertinent units for a maximum of 10 hours a week.
The provincial governor’s office shall provide permission for
suitably qualified managers, teachers, specialist teachers and expert
teachers. The Provincial Governor’s Office will also be able to
revoke permission.
Teachers’ pay will not be less than state schools
Those working in an administrative or instructional capacity at
private schools will not be given less pay than the monthly wage and
additional social aid payments paid at equivalent state schools in
accordance with the teacher’s seniority (with the exception of
retired teachers).
Additional social aid payments will be paid to school teachers and
staff in accordance with the rights given to school teachers and
staff at state schools under budget laws. Income tax will be taken
from additional payments. The amount of pay for additional lessons at
these institutions will not be less than the amount worked out for
state schools.
Private educational establishments may only advertise and promote
themselves in accordance with their aims. These establishments shall
not make false statements in their advertisements or notices, and
they shall not advertise or broadcast notices on television.
The water, natural gas and electricity bills for these schools shall
be applied at the same rate as for state schools.
Religious education
Private educational establishments that are the same or similar to
military schools, police-affiliated schools and institutions
providing religious education and instruction shall not be opened.
Anybody who wants to open or take over a private school must not have
served more than six months in prison for a disgraceful or
premeditated crime, even if they have been released on amnesty.
Public places such as bars, coffee-houses, card game cafes, video
game arcades, and places where open alcohol beverages are served must
not be located close than 100 meters from school premises.
Education fees
The education and other fees shall be worked out every year by the
institution, and will be notified starting in January but no later
than May.
A directive will state the criteria for determining, allocating,
advertising and collecting fees.
All institutions are obliged to teach a minimum of 3 per cent of
their students for free. The ministry may see this figure rise up to
10 per cent. The percentage of students who will study for free,
their selection and conditions of acceptance will be stated in a
directive. Institutions may also give scholarships. The number of
foreign national students that may be taught in a school must not
exceed 30 per cent of the number of Turkish national students at that
school.
Permission to open
In order for an institution to begin teaching it must receive
permission to open. The relevant national education director’s office
will handle the requests to open. Permission may be given to
institutions outside those schools deemed fit to open following an
inspection by the Provincial Governor’s Office. The requests for
permission to open will be sent to the Ministry for permission to be
given. Should the request to open an institution be rejected by the
Governor’s Office, the founder or their representative may appeal to
the Ministry within 15 working days of the notification of rejection
being received.
The curriculum and weekly lesson programme to be applied at private
educational establishments will be determined in accordance with the
procedures and principles applied at state schools. Different
curricula and weekly lesson programmes may be applied if the Ministry
sees fit.
If no teaching is begun within two years of permission being given to
open a private educational establishment that permission will be
revoked.
If the number of personnel in the regulations are not employed or if
personnel are employed in contravention of the regulations, the
institution may be closed down temporarily for between 15 days and
three months. Any institution not complying with the general and
specific aims and basic principles of the Basic Law for National
Education; any institution that does not close down in accordance
with regulations; any institution that receives a provisional closure
penalty but then repeats the same fault shall be closed down
permanently.