Law
Number: 2547
Date of
enactment: November 4, 1981
Published
in the Official Gazette No: 17506; Date: November 6, 1981
PART ONE
AIM AND SCOPE OF THE LAW AND DEFINITIONS
Aim
ARTICLE
1
The aim of
this law is to define the goals and principles pertaining to higher education
and to establish principles, related to the functioning, duties, authority, and
responsibilities in connection with education, research, publication, teaching
staff, students and other personnel of institutions of higher education and
their governing bodies.
Scope
ARTICLE
2
This law
covers the activities and principles of governing bodies of higher education,
all institutions of higher education, and their sub-divisions.
Matters
concerning institutions of higher education of the Turkish Armed Forces and
Security Organization are subject to other separate laws.
Definitions
ARTICLE 3
The concepts and terms used in this law are
defined as follows:
- Higher Education: All
post-secondary education consisting of at least four semesters, within the
national education system, at every stage.
- Governing Bodies: The
Council of Higher Education and the Inter-university Board.
- Institutions of Higher Education: Universities, Higher Institutes of Technology,
Faculties, Graduate Schools, Schools of Higher Education, Conservatories,
Vocational Schools and Research Centers.
A Higher Institute
of Technology is an institution of higher education possessing academic
autonomy and juristic personality, carrying out high-level research, education,
production, publication, and consultancy specifically in the areas of
technology.
- University: An
institution of higher education possessing academic autonomy and juristic
personality, conducting advanced-level education, scholarly research,
publication and consultancy; it is composed of faculties, graduate schools,
schools of higher education and similar institutions and units.
- Faculty: An institution
of higher education conducting high-level education, scholarly research
and publication; sub-divisions may be attached to it.
- Graduate School: An
institution in universities and in faculties which is concerned with
graduate education, scholarly research and applied studies in more than
one related academic area.
- School of Higher Education:
An institution of higher education mainly concerned with providing instruction
for a specific vocation.
- Conservatory: An
institution of higher education in music and the performing arts.
- Higher Vocational School:
An institution of higher education carrying out four-semester education
aimed at training manpower in specific areas.
- Research and Applied Studies Center: An institution of higher education carrying out
research and applied studies to meet the applied study needs of various
areas and to provide preparatory and support activities for various
professional areas, with the aim of supporting education in institutions
of higher education.
- Department: A unit of a
Faculty or of a School of Higher Education giving instruction and carrying
out research; it embraces similar or related areas of the sciences or
arts, forming a whole in aim, scope and character. It is sub-divided into
departmental sections. Departments directly attached to the office of the
Rector can also be established for the purpose of offering courses common
to various departments.
- Teaching Faculty Members: Teaching
staff members as well as instructors, lecturers, and ancillary staff.
- Teaching Staff Members:
Professors, Associate Professors, and Assistant Professors at institutions
of higher education.
- Professor: A teaching
staff member holding the highest academic title.
- Associate Professor: A
teaching staff member who has successfully fulfilled the requirements of
the Inter-university Board and been granted the title of Associate
Professor.
- Assistant Professor: A
teaching staff member at the first stage, who has received a doctorate, or
qualified as a specialist in a medical field, or received a certificate of
competence in one of the areas of the fine arts.
- Instructor: A teaching
faculty member responsible for teaching courses and conducting applied
study sessions.
- Lecturer: A teaching
faculty member responsible for teaching certain compulsory subjects common
to students in various programs.
- Ancillary Staff: These
include research assistants, specialists, translators, and educational
planners. Ancillary staff are appointed for a specific period of time.
- Pre-Baccalaureate Stage: Post-secondary
higher education involving a program of at least four semesters, aiming at
training for a vocation or comprising the first level of the
baccalaureate.
- Baccalaureate Stage: A
post-secondary program of at least eight semesters.
- Post-graduate Study: A
term covering programs for the master’s and doctorate degrees, Specialist
training in medicine or competency in the Arts; it includes:
- Master’s Degree Program:
A post-baccalaureate stage of higher education consisting of course work
and research.
- Doctorate Program: A
program of higher education of at least six semesters (post-baccalaureate)
or at least four semesters (post-master’s, or post-specialization in a
laboratory field approved by the Ministry of Health for graduates of
Faculties of Pharmacy or Science) culminating in the presentation of an
original work of scholarly research.
- Specialization in Medicine:
A program of higher education conducted in accordance with the regulations
established by the Ministry of Health and leading to specialization in one
of the fields of medical science.
- Competency in the Arts:
A post-baccalaureate program (of at least six semesters) or post-master’s
program (of at least four semesters) equivalent to doctorate-level
programs. It requires the presentation of an original work of art, or, in
music and the performing arts, a superior, creative performance.
- Types of Higher Education:
- Formal Education: Programs
requiring attendance during the entire course of education.
- Distance Education: Education
conducted by means of radio, television, and educational materials.
- External Education: Programs
offering courses outside of working hours. Class attendance is not
compulsory, but students are required to take midterm and final
examinations.
- Non-Formal Education: Programs
offered to the general public with the aim of disseminating knowledge and
enabling the acquisition of skills in various areas.
PART
TWO
GENERAL
PROVISIONS
Aims
ARTICLE 4
The aims of higher education:
a) To
educate students so that they:
- will be loyal to Atatürk nationalism and to Atatürk’s reforms and
principles,
- will be in accord with the national, ethical, human, spiritual and
cultural values of the Turkish Nation and conscious of the privilege of
being a Turk,
- will put the common good above their own personal interests and
have full devotion to family, country and nation,
- will be fully conscious of their duties and responsibilities
towards their country and will act accordingly,
- will be objective, broad-minded, and respectful of human rights,
- will develop in a balanced way, physically, mentally,
psychologically, morally, and emotionally,
- will prove to be good citizens contributing to the country’s
development and welfare and at the same time acquire the necessary
knowledge and skills for their future vocations.
b) To enhance the welfare of the Turkish State as a
whole, conducive to national and territorial indivisibility; to implement
programs contributing to and accelerating the economic, social and cultural
development of the country; and to ensure that students are constructive,
creative and outstanding participants in contemporary civilization.
c) As higher educational institutions, to carry out
studies and research of high academic level, to promote knowledge and
technology, to disseminate scientific findings to assist progress and
development at the national level, and, through cooperation with national and
international institutions, to become recognized members of the academic world
and contribute to universal, contemporary progress.
Basic
Principles
ARTICLE 5
Higher education is organized, planned, and
programmed in accordance with the following basic principles:
- To ensure that students develop a sense of duty in line with
Atatürk’s reforms and principles, loyal to Atatürk nationalism.
- National culture integrated with universal culture, will be
developed and fostered in keeping with Turkish mores and traditions so
that the students develop a strong sense of national unity and solidarity.
- The principle of basic unity within the educational system is to
be achieved with due regard to the aims and goals, and particular
characteristics of various higher educational institutions and fields of
study.
- Short and long term plans and programs are to be devised on the
basis of scientific and technological principles, in accordance with
national and regional needs, and will be regularly up-dated.
- Measures are to be taken to secure equality of opportunity in
higher education.
- New universities and higher institutes of technology as well as
new faculties, graduate schools, and schools of higher education within
universities are established by law upon the recommendation or proposal of
the Council of Higher Education in accordance with the principles and
goals of national development plans and within the context of higher
education planning.
- Vocational schools of higher education attached to ministries are
founded by a decision of the Council of Ministers on the basis of principles
set forth by the Council of Higher Education.
- Developing institutions of higher education, improving their
efficiency, increasing their numbers so as to cover the whole country,
training teaching staff in-country and abroad, and their proper assignment;
securing a balance between manpower needs and education; distribution of
resources and specialized manpower and education; meeting the national and
local needs and specific requirements of the fields of practice in
accordance with the principles and aims of the national education policy
and the national development plans, are planned and achieved in a manner
to cover formal and non-formal, continuing, and distance education.
- In the course of education in the institutions of higher
education, Atatürk’s Principles and the History of the Turkish Reforms,
the Turkish language and a foreign language are all compulsory courses. In
addition, a non-compulsory course in physical education or in one of the
fine arts shall be included in the curriculum. All of these courses are to
be planned and implemented for a minimum of two semesters.
PART
THREE
GOVERNING
BODIES
The Council of
Higher Education
ARTICLE 6
- The Council of Higher Education is an autonomous body with
juristic personality which governs all higher education, directs the
activities of the institutions of higher education, within the context of
duties and powers given by this law. To the Council of Higher Education
are attached the Higher Education Supervisory Board and the Student
Selection and Placement Center together with the relevant units
responsible for planning, research, development, evaluation, budget,
investment and coordination.
- The Council of Higher Education consists of:
- Seven members selected by the President of the
Republic, preferably from among former Rectors and distinguished
professors,
- Seven members selected by the Council of
Ministers, from among distinguished, high-ranking civil servants, either
active or retired (with the approval of the Ministry of Justice and their
personal consent in the case of judges or prosecutors),
- One member selected by the Chief of the General
Staff,
- Seven professors selected by the
Inter-university Board from among non-members of the Board.
The memberships of
those selected and nominated according to paragraphs (2), (3), and (4) become
final upon the approval of the President of the Republic. The nomination of
members specified in the above paragraphs is to be made within one month; in
case of membership not being approved by the President of the Republic,
nomination of new candidates shall be made within two weeks, otherwise the
appointment is to be made directly by the President of the Republic.
Members selected
from those holding positions in public institutions will maintain their
relationship with the institution concerned.
The term of office
of Council members is four years. New elections are held to replace those who
leave for any reason and on completion of a term of office. Those whose term
expires are eligible for re-election..
- The organs of the Council of Higher Education are the General
Assembly, the President and the Executive Board.
The members of the
General Assembly are specified in section (b) above. The General Assembly meets
at least three times each semester. Meetings can also be called by the
President of the Council or upon written application by at least one-third of
the members.
The President of
the Republic selects the President from among the Council members for four
years. The President of the Council is responsible for implementation of laws,
regulations, as well as decisions of the General Assembly and the Executive
Board; the President represents the Council and appoints academic personnel and
other persons whose selection falls within the authority of the Council.
The Minister of
National Education, when (s)he deems necessary, participates and chairs the
meetings.
The Executive
Board is composed of nine members, including the President. Two Vice-Presidents
are selected from among the members of the General Assembly as members of the
Board, one by the President of the Board and the other by the General Assembly.
The remaining members of the Board are selected by the General Assembly as
follows: two members from among those specified in Article 6, section b,
sub-section 1; two from those specified in Article 6, section b, sub-sections 2
and 3; two from those specified in Article 6, section b, sub-section 4. A
member of the General Assembly selected from among judges or prosecutors cannot
be elected to the Executive Board.
The President
chairs meetings of the General Assembly and the Executive Board. In the absence
of the President, one of the Vice-Presidents represents the President.
The General
Assembly may delegate to the Executive Board authority and responsibility vested
in it by the Law on Higher Education, as it deems appropriate, with the
exception of: planning, organization, direction and supervision of higher
education, preparation of regulations, examination and approval of budgets
prepared by governing bodies of higher education and by universities, and
nomination of candidates for university rector.
The quorum for
meetings of the General Assembly is 14, while that for the Executive Board is
6. Decisions in both bodies are taken by majority of votes cast. In the event
of a tie, the President’s vote counts as two.
- The salaries of the President and members of the Executive Board
are determined by the Council of Ministers with the proviso that this
amount is no more than two times the salary paid to the highest-ranking
civil servant (including supplementary indicator, auxiliary payment, and
compensation) in accordance with Law No. 657, the Civil Service Law.
Members of the Executive Board receive no further salary from public
institutions. Those receiving a retirement pension continue to receive
that pension. Civil servants who serve as members of the Executive Board
are considered to be on leave without pay from the institution at which
they are employed and retain all of their accumulated rights as personnel.
The sum to be paid
to members of the General Assembly other than Executive Board members as an
honorarium for attendance at meetings shall be calculated by multiplying the
monthly salary coefficient for civil servants by 4,000. However, a maximum of
twelve such participation honoraria can be paid in one year.
- Members of the Executive Board are appointed on a full-time basis.
The President of the Council and Executive Board Members are not permitted
to have any employment in a public or private institution except for
associations founded for the public interest, foundations, and affiliated
institutions where they receive no remuneration for their services and in
the case of temporary assignments given them by the Council of Ministers.
Members of the
Executive Board who are absent for a total of one month in a year for any
reason other than assignments by the Council of Ministers shall be presumed to
have forfeited their membership.
- Apart from those members who have not resigned from their primary
employment, members of the Council of Higher Education shall not be
subject to the legally stipulated maximum age limit, as long as they
continue to be elected and serve as members.
The Functions
of the Council of Higher Education
ARTICLE 7
The functions of the Council of Higher
Education are as follows:
- To prepare short and long-term plans for the establishment,
development, and realization of educational activities of the higher
educational institutions; to see to the training of the teaching staff,
in-country and abroad, according to the aims, goals and principles set
forth in this law; to supervise efficiently the resources allocated to
universities within the framework of these plans and programs.
- To promote continual and harmonious cooperation and coordination
among the institutions of higher education, aiming at unification and
integration, in accordance with the aims, principles and targets specified
in this law.
- To determine the extent of growth compatible with the running of
the universities at maximum efficiency and the taking of such measures as
summer courses, night courses and two-shift education.
- In accordance with the principles and targets of the national
development plans and in the context of higher education planning:
- To present to the Ministry of National Education
proposals or views on the establishment, and, if necessary, unification
of newly established universities,
- To make decisions directly or on the basis of
proposals made by universities concerning the opening, unification, or
closing down of faculties, graduate schools and schools of higher
education within a university and to convey the above decisions to the
Ministry of National Education for appropriate action in due course,
To make decisions
and to have them implemented directly or on the basis of proposals made by
universities, regarding the opening, unification, or closing down of
departments, sections, research and applied studies centers, as well as the
opening of conservatories, higher vocational schools, preparatory schools or
units,
In the event of
circumstances causing a breakdown in education, to make decisions directly or
on the basis of proposals made by universities regarding a temporary close-down
or a recommencement of education and to put them into effect,
- To study the aims and rationale of higher
educational institutions to be established by ministries and to present
opinions to the competent authorities.
- To specify, taking into consideration the views of the
Inter-university Board, the principles related to minimum number of
contact hours and minimum period of study in educational curricula,
conditions for passing to the subsequent year of study, intra- and
inter-mural transfer of students in the institutions of higher education
and the principles whereby graduates of schools of higher education
continue their studies at a higher level.
- To fix, in a balanced ratio, the positions of professors,
associate professors, and assistant professors in universities on the
basis of needs, education programs, characteristics of the branches of
learning, research activities, fields of application, buildings, materials
and equipment and similar facilities and the number of students of the
universities and other related matters.
- To examine and evaluate the annual activity reports submitted by
the universities; to pinpoint the highly successful and those considered
to be inadequate and to take necessary measures.
- To decide on the maximum yearly student intake into each academic
program after examining the proposals of the universities on this question
and further to determine the principles whereby the selection and
admission of students be carried out with a view to manpower planning, the
capacity of the institutions and the students’ interests and skills,
taking into account on the orientation principles of secondary education.
- To take measures to realize equality of opportunity and
possibility in the institutions of higher education and during admission.
- To arrive at a decision concerning the proposals of higher
education institutions concerning the fees to be charged to the students
in each academic year.
- To submit to the Ministry of National Education the budgets
prepared by the governing bodies and universities after examining and
approving them.
- To conduct and decide upon disciplinary proceedings concerning
rectors, to initiate the regular proceedings for the dismissal or transfer
on a probationary status to another institution of higher education of
those faculty members who fail to carry out in a satisfactory manner their
duties as specified in this law or who act in a manner incompatible with
the aims, fundamental principles and prescribed order as indicated in this
law, upon the proposal of the rector or directly.
- To establish national scholarly committees and working groups in various
fields of the arts and sciences.
- To devise the principles related to the contribution to be made by
developed universities to newly-established or developing universities
with regard to education and staff development and, when necessary, to
assign developed universities to provide such services.
- To present to the Ministry of National Education opinions and
proposals concerning the institutions of higher education to be
established by foundations within the provisions of this law, to take the
necessary measures concerning such institutions and to supervise them.
- To determine the equivalency of pre-baccalaureate, baccalaureate,
and graduate degrees received at institutions of higher education abroad.
- To fulfill other obligations assigned by this law.
The Higher
Education Supervisory Board
ARTICLE 8
- The Higher Education Supervisory Board is a body, which, on behalf
of the Council of Higher Education, supervises and controls the
universities together with the units attached to them and teaching staff
and their activities.
- The Higher Education Supervisory Board consists of:
- Five members holding the rank of professor, proposed by the
Council of Higher Education,
- Three members to be selected and nominated by the Council of
Higher Education from among nine candidates; of these the Supreme Court
proposes three as do the Council of State and the Court of Accounts,
- Two further members, one to be selected by the Chief of the
General Staff and the other by the Ministry of National Education.
The appointment of
the members thus defined to the Higher Education Supervisory Board will be
carried out according to current procedures.
The Chairperson of
the Higher Education Supervisory Board is appointed from among board members by
the President of the Council of Higher Education.