قانون التعليم في الإماراتمرسوم بقانون اتحادي في شأن التعليم الخاص

Article (1) Definitions For the purpose of applying the provisions of the present Decree-Law, the following words and expressions shall bear the meanings assigned thereto respectively, unless the context requires otherwise: State : United Arab Emirates. Ministry : Ministry of Education. Minister : Minister of Education.

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Federal Decree-Law of 2020 on Private Education 2 Education Authority : The local government authority in the State, which is in charge of private education, within its respective competence. Private Education : Education in private schools. Private School : Any non-government education facility in the State which provides educational services from preschool to pre-university stages. It may be for-profit or not-for-profit. Non-Profit Private School : A private school in the State which is not intended to distribute profit to its owners. All financial returns shall be invested to operate and develop the school. School Fees : The money paid to a private school by each student enrolled therein for all the educational services and activities provided thereby. License : The document issued by the ministry or the education authority for the private school whereby it is authorized to practice the educational activity. Competent Authorities : The official authorities in charge of any affair related to the private school, each within its respective area of competence. Teacher : A member of the teaching staff in the private school. Private School Principal : A person who is appointed by the holder of the private school license holder and who is responsible for the academic, administrative, financial and operational aspects related to the leadership and management of the school in accordance with the approved procedures and regulations. Curriculum : The educational system provided by the private school in accordance with the license granted. Educational Series : An integrated package of the printed support curricula, carriers and sources of education which meet the approved learning standards and outcomes.

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Federal Decree-Law of 2020 on Private Education 3 Educational Activity : The educational services provided by the private school to its students from preschool to pre-university stages according to the curriculum. Field Visit : The visits or trips organized by the private school for all or some of its students inside or outside the State. People with Special Needs “People of Determination” : Persons who suffer from a temporary or permanent, total or partial deficiency or infirmity in their physical, sensory, mental, communication, educational or psychological abilities to an extent that limits their possibility of performing the ordinary requirements as their peers who do not have special needs. Public School : A Government-owned school which applies the curriculum of the Ministry. FAEE : The Federal Agency for Early Education (FAEE), established under Federal Decree Law No. (43) of 2022 Establishing the Federal Authority for Early Education. Center : The National Center for Education Quality, established under Federal Decree Law No. (44) of 2022 establishing the National Center for Education Quality. Early Education Stage : An educational stage that begins when the child reaches (4) four years of age up to (10) ten years of age

Article (2) Objectives of the Decree-Law The present Decree-Law aims at: 1. Regulating the educational process in private schools; 2. Raising the quality of education in private schools and improving the educational environment therein; 3. Attracting the best investments in private education;

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Federal Decree-Law of 2020 on Private Education 4 4. Ensuring the application of the best global educational practices in private education and linking its outcomes to the social, economic and technical variables in the State; 5. Regulating education, following up on the application of the quality standards and improving performance and outcomes in private schools; and 6. Stimulating competitiveness between private schools with regard to providing distinguished educational services of global quality.

Article (5) License 1. No natural or legal person shall operate any private school without obtaining the license required for this purpose. 2. The Ministry or the Education Authority shall have the exclusive authority to grant license to private schools which include, among their education stages, the early childhood education stage. 3. The FAEE or Education Authority shall have the exclusive authority to grant license to private schools whose activity is limited to early childhood education. 4. For the purpose of licensing the private schools referred to in Clauses (2) and (3) of this article, the Ministry and Education Authority shall observe all controls, standards and requirements laid down by the FAEE including the educational, administrative, health and environmental

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Federal Decree-Law of 2020 on Private Education 5 requirements and the requirements for safety and security of buildings, means of transport, materials used for the making of tools, furniture, games and equipment for child care and education service.

Article (8) Requirements for the Natural Applicant for a License Any license applicant, if a natural person, shall meet the following requirements: 1. He shall not be under 25 years of age. 2. He shall enjoy full civil capacity.

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Federal Decree-Law of 2020 on Private Education 6 3. He has not been given a custodial sentence for a felony or misdemeanor involving breach of honor or trust, unless he has been rehabilitated. 4. He shall obtain the necessary official approvals. 5. He shall be able to meet the financial obligations of the private school as determined in the Executive Regulations of the present Decree-Law. 6. He shall meet any other requirements set by the Executive Regulations of the present Decree- Law.

Article (9) Requirements for the Legal Applicant for a License Any license applicant, if a legal person, shall meet the following requirements: 1. It shall be licensed by the Competent Authorities and its incorporation purposes shall include the establishment and foundation of private schools. 2. It shall be able to meet the financial obligations of the private school as determined in the Executive Regulations of the present Decree-Law. 3. All partners shall meet the requirements set forth in Clauses (1), (2), (3) and (4) of Article (8) of the present Decree-Law. 4. It shall have a natural representative who shall meet the requirements set forth in Clauses (1), (2), (3) and (4) of Article (8) of the present Decree-Law. 5. It shall meet any other requirements set by the Executive Regulations of the present Decree- Law.

Article (10 BIS) Sharing of License’s Data 1. The Education Authority shall provide the Ministry with all licenses issued thereby in favor of the private schools. 2. The Education Authority shall provide the FAEE with all licenses issued thereby in favor of the private schools whose activities are limited to early childhood education. 3. The Education Authority shall provide the FAEE with all licenses issued thereby in favor of the private schools whose activities include, among others, early childhood education stage. 4. The Education Authority shall observe the controls related to electronic linkage in respect of sharing the data of licenses issued thereby with both the Ministry and the FAEE, as provided for in the Executive Regulations of this Decree Law.

Article (11) Obligations of the Private School Private schools shall: 1. Appoint teachers and qualified administrative and technical staff in accordance with the controls specified by the executive regulations of this decree law; 2. Ensure that school staff and leaders obtain professional licenses in accordance with the controls specified by the Executive Regulations of this decree law. 3. Ensure that all employees enjoy good reputation, and that none of them has previously been sentenced to a penalty for a felony or misdemeanor involving moral turpitude or breach of trust, unless rehabilitated. 4. Provides all educational, pedagogical, administrative, health, environmental, security and safety requirements within their premises. 5. Manage the school and its facilities in accordance with the instructions and guidelines specified by the Executive Regulations of this decree law. 6. Maintain academic quality in accordance with the standards and controls specified by the Executive Regulations of this decree law.

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Federal Decree-Law of 2020 on Private Education 8 7. Adhere to the provisions of the approved national framework for compliance and the approved national framework for educational quality. 8. Submit an annual report to the Ministry, the FAEE, or Education Authority on its academic, financial, and administrative status. 9. Provide the Ministry, the FAEE, Center, or Education Authority with any information or data it requests. 10. Allow authorized employees of the Ministry, the FAEE, Center, or Educational Body to enter the private school to carry out audit, evaluation, and oversight of its facilities and work by reviewing records, papers, and documents. 11. Not change the name of the private school, its address, its partners, its building, its facilities, or the educational curriculum it offers, or make any fundamental modification to its activities before obtaining the approval of the ministry, the FAEE, or educational body; 12. Not exploit the private school and its facilities for purposes other than those for which it is licensed, or carry out any other additional activities or unlicensed training courses, unless it obtains the approval of the Ministry, the FAEE, or the Education Authority; 13. Be obligated to obtain the approval of the Ministry, the FAEE, or the Education Authority before organizing any field visits or official visits to the school or inviting external speakers to it; 14. Create records and files for students and staff in accordance with what is specified in the Executive Regulations of this decree law; 15. Preserving Islamic and Arab principles and values, public order and morals, and the values and traditions of the state; 16. Respect national identity and sovereignty; 17. Play the national anthem, and raise the state flag only; 18. Not place pictures or paintings of figures or symbols other than State leaders; 19. Not hold lectures or seminars that are not related to the educational process. 20. Comply with any other obligations determined by the Ministry, the FAEE, or Education Authority in accordance with the decisions issued by it.

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Federal Decree-Law of 2020 on Private Education 9

Article (14) School Curriculum 1. Upon licensing, a private school shall be authorized to implement only one educational curriculum, and after the approval of the Ministry, the FAEE, or Education Authority, another curriculum may be added. 2. The Ministry or Education Authority shall approve the educational curricula for private schools whose educational stages include the Early education stage. 3. The FAEE or Education Authority shall be exclusively competent to approve educational curricula for private schools that are limited to the Early education stage. . 4. The Ministry and the Education Authority shall take into account all the standards and requirements set by the FAEE for the purposes of approving educational curricula for the Early education stage. 5. A private school shall not teach any educational curriculum that violates or exceeds the scope of the license, except after obtaining the approval of the Ministry, the FAEE, or the Education Authority. 6. The private school that applies the Ministry's curriculum shall comply with the regulations and standards applied to the government school. 7. The private school that applies an educational curriculum other than the Ministry's curriculum shall be committed to including in its curricula the subjects of Islamic education, the Arabic language, social studies, national education, and moral education approved by the Ministry. In all cases, it is prohibited for all curricula to include any violation of the laws of the state or the culture of society, its Islamic and social values, or national constants. It

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Federal Decree-Law of 2020 on Private Education 10 shall not contain anything that encourages violence or racism or incites discord and strife among members of society. 8. The private school shall be committed to the guidelines and instructions issued by the Ministry, the FAEE, or the Education Authority regarding educational series and other educational sources. 9. The private school shall be committed to obtaining accreditations from specialized international councils for the purposes of approving the implementation of the educational curriculum in accordance with what is specified in the executive regulations of this decree law.

Article (18) Student Affairs Private schools shall have a clear and declared student affairs policy. The following shall be taken into account in this policy: 1. Equality and non-discrimination between students on grounds of race, sex, belief or social level and other matters causing discrimination; 2. Dealing with students and their parents in a highly professional manner and without bias; 3. Compliance with the conditions and procedures set by the Executive Regulations of the present Decree-Law with regard to the enrollment, admission and transfer of students between different private schools as well as the procedures and standards for follow-up and provision of services; 4. Provision of an enabling environment and supportive programs for the special educational needs for admission of students with special needs “students of determination” in accordance with the conditions and controls set by the Executive Regulations of the present Decree-Law and the rules set by the Competent Authorities; and 5. Any other provisions and controls for regulating student affairs as set out in the Executive Regulations of the present Decree-Law.

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Article (22) Personnel Affairs 1. Private schools’ employees shall be subject to the legislation in force in the State. 2. Private schools shall create a special file for each employee. Such file shall be accompanied by his academic qualifications, experience certificate, employment contract, a copy of his passport, his annual reports, including the performance assessment reports, the violations committed by him, the penalties imposed on him, his annual leaves and any other documents determined by the Executive Regulations of the present Decree-Law. 3. Private schools shall comply with the procedures, instructions, conditions and standards related to the appointment of their employees as set out in the Executive Regulations of the present Decree-Law. 4. The service of a principal of a private school or any of its employees may not be terminated during a semester without obtaining a prior approval of the Ministry or the Education Authority. 5. The Executive Regulations of the present Decree-Law shall establish any other provisions or controls regulating the personnel affairs.

Article (26) Evaluation and Control 1. The Center shall develop a national framework for evaluating the quality of education that includes unified standards and controls for evaluating the quality of private schools' performance in coordination with the Ministry, the FAEE, and the Education Authority. 2. The Center or Education Authority shall evaluate and monitor education in private schools in accordance with the approved national framework for evaluating the quality of education. 3. The Education Authority shall provide the Center with the results of the evaluation of the quality of education of private schools.

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Federal Decree-Law of 2020 on Private Education 15 4. The Center shall issue an annual report on the results of evaluating the quality of education in private schools and work to publish it and make it available within the Center's database.

Article (28) Administrative Violations and Penalties Imposed on Private Schools 1. The Ministry or the Education Authority may impose any of the following penalties on any private school in case of violating the provisions of the present Decree-Law or the Executive Regulations thereof: a. Notice; b. Fine which shall not exceed (AED 1,000,000) One Million UAE Dirhams per case; c. Temporary closure or suspension of the educational activity for a period not exceeding one academic year; or d. Permanent closure. 2. The Executive Regulations of the present Decree-Law shall determine the violations and penalties imposed on private schools as referred to in Clause (1) of this Article and the controls for imposing such penalties. 3. Without prejudice to the penalties set forth in this Article, the Ministry or the Education Authority may permanently and immediately close the private school in case of performing

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Federal Decree-Law of 2020 on Private Education 16 actions contrary to the public order or public morals or detrimental to the public security in the State or prejudicial to the security, health and safety requirements. 4. Complaints may be filed about the decisions issued on the penalties set forth in Clause (1) of this Article as determined in the Executive Regulations of the present Decree-Law.