The Regulation to Amend the Regulation on Private Higher
Education Institutions ("AmendmentRegulation") was published in Official
Gazette number 29537 on 19 November 2015, entering into effect the
same date. The Amendment Regulation expands the scope of measures
that can be applied for non-compliance and removes certain
financial benefits provided to private higher education
Article 3 of the Amendment Regulation changes Article 24 of the
Regulation on Private Higher Education Institutions
("Former Regulation"). Private higher
education institutions are subject to supervision and inspection of
the Council of Higher Education with regard to educational,
administrative, financial and economic matters. Under the Amendment
Regulation, this role is now undertaken pursuant to the laws on
higher education and the related legislation. The Council is
entitled to inspect accounts, operations and activities, as well as
properties of private higher education institutions. However,
although private higher education institutions were previously also
subject to supervision and inspection by the Council, the old
article regulated that inspection and evaluations were subject to
procedures and principles determined by the Council. Under the
amendment, private higher education institutions must present an
activity report to the Council at the end of each academic year and
these institutions will be subject to general inspection and
evaluation of the Higher Education Auditing Board. Private higher
education institutions must now also send their budgets to the
Articles 4, 5 and 6 of the Amendment Regulation respectively
amend Articles 25, 26 and 27 of the Regulation, regarding sanctions
for non-compliance. Accordingly, if non-compliance occurs, measures
of instructive, reparative, restrictive and revoking nature can be
applied. These measures include warnings, correction demands,
suspension of new academic units or opening new programs, quota
limits and suspension of student admissions. The Amendment
Regulation also introduces suspension or revocation of activity
licenses as possible sanctions for non-compliance, along with
outlining the effects of such a revocation.
Article 7 of the Amendment Regulation amends Article 28 of the
Regulation. Accordingly, foundations cannot establish private
higher education institutions for the purpose of profit. All types
of revenue earned must be used for the private higher education
institution. The Regulation previously allowed private higher
education institutions received financial benefits, exemptions and
exceptions outlined under Article 56 of Law number 2547 and they
were also exempt from property tax. However, the Amended Regulation
prohibits private higher education institutions from transferring
funds, specifically outlining prohibited transactions.
Please see this link for the full text of the Amendment
Regulation (only available in Turkish).
Information first published in the
MA | Gazette, a fortnightly legal update newsletter produced by
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