AMENDMENTS

1.           Foundations may establish institutions of higher education, or one or more units
attached thereto. on condition that they be non-profit in nature and that they abide
by the principles and procedures stipulated by this law with regard to academic
matters, hiring of teaching faculty members. and security, but excluding financial
and administrative matters.

2.           In the event that one or more foundations intend to establish an institution of higher
education, the relevant written decision of the authorized administrative organ(s) of
the foundation(s), accompanied by the written approval of the General Directorate
of Foundations, are to be submitted to the Council of Higher Education, along with
the following documents:

 

•       a document indicating that the buildings. equipment, supplies, and other
reguisites are available for the institution to be established, or that suffıcient
funds have been allocated for this purpose,

•       a document indicating that funds, property, shares having economic value, or an
income are available, that they are sufficient to meet a minimum of 20 %  of one
year's operating expenses of the institution to be established, and all other
current expenditures, and that they have been allocated for this purpose,

•       a document specifying the name of the institution to be established, as well as
the names of the units of that institution, accompanied by a document,
contractural in nature, stipulating the educational, financial, and administrative
regulations of the said institution,

•       a document indicating the provisions taken for the disposal of funds and
property allocated to the said institution within the provisions of this article, in
the event that it becomes evident that institution of higher education established
by a foundation is unable to carry out its educational functions,

The General Assembly of Higher Education, after having carried out the necessary inquiry
 with regard to the said documents, reaches a decision concerning the establishment of
the institution, and informs the Ministry of National Education of this decision.

3.           Foundations are not permitted to establish educational institutions or units involved
with military or security (police) matters.

4.    Institutions of higher education to be established by foundations.* are reguired to
have a board of trustees with a minimum of seven members, constituting a body
separate from the administrative organ of the foundation. The members of the board
of trustees are selected by the administrative organ of the foundation for a period of
four years. with membership being renewable upon expiration, With the exception
of the maximum age restriction, members of the board of trustees are to meet the
requirements for the civil service and at least 2/3 of the members are to hold a
bachelor's degree. The board of truslees elects one of  its members as chairperson.

Henceforth these institutions shell be referred to  as private universities.

 

The board of trustees is the representative of the juristic personality of the private university.
The administrators of the insitution are appointed by the board of trustees upon
the consent of the Council of Higher Education. The board of trustees may delegate its authority
 to the administrators of the university, to the extent that it deems appropriate. The board
 of trustees enters into a contractual agreement with the administrators, faculty
 members, and other personnel, and approves their appointment and dismissal:
 it approves the budget of the institution, oversees its operation, and carries out other duties assigned
 to it by the regulations prepared by the foundation.

Matters concerning quorum and decision-making of the board of trustees are governed by Article 61 of this law.

5.     The juristic personality of the instution to be established constitutes a legal entity
distinct from that of the foundation concerned. The income of the institution shall
not, under any circumstances whatsoever, be transferred, even on a temporary
basis, to the assets or accounts of the foundation. Direct donations and assistance
can be made to the institution.

6.     Private universities shall benefit from the financial provisions and exemptions
specifıed in Article 56 of this law in the same manner as public institutions, and are
exempted from real estate tax.

7.     The academic organs of the said institutions are to be constituted in the same
manner as those in public institutions of higher education and to be responsible for
carrying out the same duties. The qualifıcations of faculty members are to be the
same as those in public institutions. Those individuals who are prohibited from
working in public institutions of higher education, or who have been dismissed
from such institutions for disciplinary reasons. cannot be employed by private
universities.

8. Matters concerning educational regulations, periods of study, and student rights are subject to
 the provisions of this law. Fees to be paid by students are to be determined by the board of trustees.

9.     Such institutions shall submit a comprehensive account of their activities to the
Council of Higher Education at the end of each academic year, in the same manner
as public institutions. These institutions are subject to the supervision and control
of the Council of Higher Education with regard to financial, administrative, and
economic matters.

10.  If the Council of Higher Education determines that the level of education at such
institutions has fallen below the expected Standard, and the situation is not
remedied in spite of warnings and proposals, the Council of Higher Education shall
terminate the operations of the institution concerned.

11. The highest academic body in private universities has the authority and duties of the
 Senate; the Administrative Board has those of the University Administrative Board, and
 the highest-ranking administrator has that of the Rector as specifıed in the relevant articles of this law.

12. Taking into account the areas of education in which these institutions are involved, buildings.
 facilities, equipment, teaching and administrative staff and other academic matters are to be
 determined by the Council of Higher Education.

13. in the event that the juristic personality of the foundation concerned should cease to
exist, that of the private university shall contunue to be valid. in this case, all
movable and immovable property, equipment, monies, and shares possessing
economic value, which have been allocated by the foundation to the educational
institution, will become the property of the said institution.

in such an event, the authority to select the members of the board of trustees and
 the administrators of the educational institution shall be delegated to another
 foundation by the General Directorate of Foundations, with the approval of the Council of Higher Education.

in the event that the activities of a private university are temporarily suspended. or permanently terminated,
 the administration of the institution shall be transferred by the Council of Higher Education to
 an appropriate public institution for continuation or completion of educational activities,
 on a temporary basis (in the case of suspension) or a permanent basis (in the case of termination).

14.          in order for private universities to carry out their educational activities, the Ministry
of Finance may lease immovable property belonging to the Treasury or to other
public legal entities to such institutions, with the consent of the owner(s), for a
period not to exceed 49 years, for a fee to be determined by the Council of
Ministers. in order for this to take place, the educational institution concerned
must:

•        have provided formal education for a minimum of two academic years,

•        have a publication/teaching staff member ratio equivalent to that of those public
universities occupying a position in the upper half of a ranking of public
universities in terms of average number of articles per teaching staff member in
prominent scholarly journals specifıed by an evaluation committee appointed by
the Inter-university Board,

•        grant full-tuition scholarships to a minimum of 15 % of its students.

Such institutions are responsible, within fıve years, for the forestation of an area twice
 that of the area allocated to the institution, in a location to be specified by the Minisry of Forestry,
 and to pay maintenance expenses for the forested area for the first fıve years.

in addition to the educational activities referred to above, land which has been allocated cannot
 be used for residential areas; housing will be provided only for full-time faculty members and those administrative
staff who are required for the provision of uninterrupted service, and in no case whatsoever for any other
 individuals or juristic persons; buildings and facilities shall only be used for educational, social, cultural,
or sporting activities; buildings and facilities cannot be constructed or provided in return for any form of recompense
 whatsoever: dormitory facilities cannot be provided for students of other institutions. immovable property leased to
private universities is to be used for the purposes and in the manner intended, and the institutions concerned
are required to carry out the responsibilities which have been stipulated. in the event that this is not the case,
the ownership of the land concerned, along with the buildings and facilities located thereon, shall