Main legal frame of higher education in Turkey was determined by
Anayasa 1982 (Constitution), Milli Eğitim Temel Kanunu, No. 1739 and
Yükseköğretim Kanunu No. 2547. These laws are inclusive and binding for
all public and private higher education institutions.
Articles
No. 130, 131 and 132 of the Anayasa 1982 are directly related to the
scope and arrangement of higher education. Beyond constituting
constitutional frame these articles are mentioned to have regulatory
characteristics for higher educational structure and treatment.
The
article No. 130 of the Anayasa 1982 foresees many arrangements about
higher education under the title of Higher Education Institutions.
According to this Article:
Within
an order based on modern education-instruction principles so as to
raise manpower in accordance with the requirements of the nation and
the country, educate, instruct on various levels based on secondary
education, to conduct scientific research, to publish and to give
consulting service, to serve the country and humanity universities as
legal personalities holding scientific autonomy, consisting of various
units are founded by State via law.
Higher
educational institutions that shall be subjected to state supervision
and observation can be founded by private organizations that are not
intended to be profit making.
It is observed that universities expand countrywide.
Universities
and their academic members and their assistants are free to make all
sorts of scientific researches and to publish their works.
Universities
and affiliated units are under observation and supervision of the State
and security services for the universities are provided by the State.
University
rectors are selected and assigned by the President and deans by
Yükseköğretim Kurulu (YÖK). Assignation procedures and principles are
determined by law.
By no means
academic staff can be suspended from duty by authorities excluding
Yükseköğretim Kurulu (YÖK) and the authorized bodies of universities by
management and supervision bodies.
The
budget that is prepared by universities are submitted to the Milli
Eğitim Bakanlığı (MEB) after inspected and approved by Yükseköğretim
Kurulu and enforced and supervised by treatment in accordance with the
principles that general and annexed budgets are dependent.
The
foundation and bodies of higher educational institutions and selections
of them, procedures of executing their duties, authorizations and
observations and supervision and observation rights on universities,
duties, titles, assignations, promotions and pensions of academic
staff, academic staff' relations with public institutions and other
institutions, education levels and processes, entrance to higher
education, continuation and receivable charges, principles on benefits
by the State, discipline and penalty works, financial affairs, employee
personal rights, conditions to be observed by academic staff,
assignation of academic staff according to intercollegiate
requirements, executing education and instruction in independence and
assurance in accordance with the needs of modern science and
technology, usage of financial resources provided by the State for
Yükseköğretim Kurulu and universities are arranged by law.
Higher
education institutions that are founded by private organizations
(foundation), their academic studies excluding financial and
administrative issues, providing academic staff and their security are
subjected to the clauses that are mentioned in the Constitution for
higher education institutions founded by the State.
The
article 131 of the Anayasa 1982 foresees the foundation of a
Yükseköğretim Kurulu (YÖK) and includes general arbitrations on the
structure of this council, their duties, constitution form of the
council and qualifications of eligible committee members and detailed
arrangements are foreseen to be enforced by law. Within this article
the objective of the Yükseköğretim Kurulu is determined as planning,
arranging, managing, supervising education in higher education
institutions, directing educational-instructional and scientific
research activities in higher educational institutions, providing
foundation, development of these institutions in accordance with the
objectives and principles that mentioned by law and providing effective
usage of resources which are allocated to universities. By this
arrangement the tasks of planning, arrangement, management and
supervision in higher education is given to this council.
By
article 132 and higher education institutions that are affiliated to
Turkish Armed Forces and police organization are foreseen to be
subjected to the clauses of the specific laws.
The second
fundamental law about higher education is the Milli Eğitim Temel
Kanunu. Rather than being a regulatory law directly this law includes
guiding and explanatory directives mostly on principle level. Within
this law the scope of higher education, objectives and tasks,
definition of higher educational institutions, charged tuition, general
rules on higher education planning are included.
The third
fundamental law on higher education is the Yükseköğretim Kanunu. The
aim of this law is to determine the objective and principles of higher
education and to arrange the organization, management, tasks,
authorizations and obligations of higher education institutions and
superior institutions and the rudiments on education, research,
publishing, academic staff, students and other personnel within an
entirety. The Law is an extensive law that deals with all the
aforementioned sides of the subject and foresees detailed arrangements
and constitutes a systematic base for higher education system as a
whole. It is an omnibus act for higher education institutions and has a
centralist characteristic in principle. Also there are more than fifty
regulations that constitute a basis for practices related to some
provisions of this act. Excluding these fundamental laws there are various laws regulating different issues about higher education.
Institutions:
Ministry of National Education Millî Eğitim Bakanlığı Atatürk Bulvarı
Bakanlıklar Ankara/TÜRKİYE Tel.:+90 312 424 08 87 Fax:+90 312 417 70 27 Website:http://www.meb.gov.tr
Higher Education Council Yükseköğretim Kurulu Başkanlığı 06539 Bilkent
Ankara/TÜRKİYE Tel.:+90 312 298 70 00 Fax:+90 312 266 51 53 E-mail:webadmin@yok.gov.tr Website:http://www.yok.gov.tr
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