Решение Исполнительного совета № (2) от 2017 года, регулирующее деятельность частных школ в Эмирате Дубай

المادة 1

The following words and expressions, wherever mentioned in this Resolution, will have the meaning indicated opposite each of them unless the context implies otherwise: UAE: The United Arab Emirates. Emirate: The Emirate of Dubai. KHDA: The Knowledge and Human Development Authority in Dubai. Director General: The director general and chairman of the Board of Directors of the KHDA. Government Entity: Any of the Government departments, public agencies or corporations, councils, authorities, or any other Government entity. Private School: A non-governmental educational institution conducting the Educational Activity in the Emirate pursuant to an Educational Permit. This includes non-profit schools and schools owned by diplomatic missions. Licence: The document issued by the Licensing Authority to a Private School. Licensing Authority: An entity legally authorised to issue Licences to Private Schools in the Emirate, in a free zone, or in a Special Development Zone, depending on whether they are for-profit or non-profit schools. Curriculum: An educational system approved by the competent entity within or outside of the UAE, and approved by the KHDA for implementation by a Private School. This system consists of the academic subjects, and curricular and extracurricular activities provided by the Private School to its Students on a group or individual basis. Educational Permit: A document issued by the KHDA to an Owner authorising a Private School to conduct the Educational Activity. Educational Activity: The educational and academic services provided, based on a Curriculum, by Private Schools to Students from the kindergarten stage through the high school stage. Initial Approval: An approval issued by the KHDA to any party that meets the initial requirements for obtaining the Educational Permit in order to proceed with obtaining the Licence and any other authorisations, permits, or approvals from the concerned Government Entities as required for obtaining the Educational Permit; to proceed with constructing and equipping the school building; and to perform other related matters. School Staff: The teaching, administrative, and technical staff of a Private School. Student: A male or female natural Person who is enrolled at a Private School. Tuition Fees: Amounts of money received by a Private School in return for the educational, academic, and other services it provides to a Student during a School Year. These amounts will be determined in a contract, approved by the KHDA, concluded between the Private School and Parents. School Year: The period between the start and end of the Educational Activity, as approved by the KHDA or the competent entity in the UAE based on a Curriculum. Academic Certificate: A document issued by a Private School to a Student which states, using figures or grading symbols, his academic level and achievements throughout a School Year; and which indicates whether he passed or failed for that School Year. Parent: The legal guardian of a Student. Owner: A Person who owns, or has the right to dispose of, a Private School. Operator: A Person who is appointed by an Owner to supervise and operate a Private School, and who meets the conditions and rules determined by the KHDA. Principal: A natural Person who is approved by the KHDA and is in charge of managing a Private School. Person: A natural or legal person.

المادة 2

The provisions of this Resolution will apply to all those who conduct the Educational Activity in the Emirate, including Special Development Zones and free zones such as the Dubai International Financial Centre.

المادة 3

This Resolution aims to: 1. regulate the educational and academic process in Private Schools; 2. boost the quality of education and improve the educational environment in Private Schools; 3. provide a high quality educational system at Private Schools which allows Students to capitalise on their abilities and maximise their full potential to compete at the international level without compromising their national identity; 4. encourage investment in the private education sector; 5. adopt international best practices in the field of private education; and 6. align educational outcomes of Private Schools with the approved strategies of the Emirate.

المادة 4

For the purpose of achieving the objectives of this Resolution, the KHDA will have the duties and powers to: 1. issue Initial Approvals and Educational Permits in accordance with the conditions and rules adopted by the KHDA in this respect; 2. approve the appointment of Operators in accordance with the conditions and rules adopted by the KHDA in this respect, and with the legislation in force in the Emirate; 3. approve the appointment or replacement of Principals and School Staff of Private Schools in accordance with the conditions and rules adopted by the KHDA in this respect; 4. approve requests for amendment of the details of an Educational Permit in accordance with the requirements and procedures adopted by the KHDA in this respect; 5. determine the suitability of the proposed sites of Private Schools to the academic plans presented by Owners, and whether these sites meet the requirements adopted by the KHDA this respect; 6. establish the conditions, policies, and procedures required for approving Curricula in a manner that meets national and international standards; 7. approve Tuition Fees and amendments thereto in accordance with the relevant rules adopted by the KHDA; 8. approve the school calendar of Private Schools in a manner that meets the requirements and standards of various Curricula; 9. provide Academic Certificate equivalency services in accordance with the applicable legislation, and attest these Academic Certificates and the transcripts of Students in accordance with the relevant rules and procedures adopted by the KHDA; 10. determine the requirements, specifications, and design features of the premises and facilities of Private Schools, and the equipment that they must have; and issue the required approvals in coordination with the concerned Government Entities; 11. issue authorisations to enrol Students, in accordance with the conditions, rules, and procedures adopted by the KHDA in this respect; 12. receive and investigate complaints filed against Private Schools; and take the necessary action concerning these complaints, including imposing the appropriate penalties and taking the appropriate measures; 13. take the appropriate action required to support Students in general, and UAE national Students in particular, in Private Schools; and ensure they receive appropriate education by examining and analysing their conditions and identifying their needs; 14. establish the conditions, rules, and standards that are required to facilitate the enrolment and integration of Students with disabilities in Private Schools; 15. evaluate Private Schools on an annual basis in accordance with the conditions, rules, and procedures adopted by the KHDA in this respect; 16. develop a database that contains all the data of Private Schools and School Staff, the educational levels and Curricula adopted by Private Schools, and the Students enrolled at these schools, as well as any other data the KHDA deems important; 17. establish the requirements, rules, standards, and outcomes that are required for the achievement of high quality education; 18. identify the need of the Emirate for Private Schools and Curricula; and develop the relevant strategies, plans, and procedures, including taking the appropriate action to facilitate investment in establishing and operating Private Schools in coordination with the concerned Government Entities; 19. approve the code of ethics and professional conduct of Private Schools and of School Staff; 20. audit and inspect Private Schools and verify their compliance with this Resolution and the resolutions issued in pursuance hereof, and with the terms of their Educational Permits; and impose penalties on violating schools; 21. approve any Tuition Fee discounts proposed by a Private School, in accordance with the conditions, rules, and procedures adopted by the KHDA in this respect; 22. issue the circulars required for ensuring the proper implementation of the provisions of this Resolution and the resolutions issued in pursuance hereof; and 23. perform any other duties which are related to the Educational Activity and required for the achievement of the objectives of this Resolution.

المادة 5

To be issued an Initial Approval, an applicant must: 1. be of full legal capacity and of good conduct and repute; and not have been convicted of a felony or any other crime affecting honour or trustworthiness or dismissed from employment for disciplinary reasons unless he has been pardoned or rehabilitated. Where a Private School takes the form of a partnership, these requirements must be met by its Owners, and where it takes the form of a corporation, the requirements must be met by the members of its board of directors. In addition, such a partnership or corporation must have a good market reputation and a clean judicial record; 2. provide the relevant guarantees required by the KHDA to prove solvency and the ability to pay the damages arising out of any negligence or violation of this Resolution and the resolutions issued in pursuance hereof; 3. in accordance with the conditions and rules adopted by the KHDA in this respect, submit an academic plan for the Private School to be established, together with the supporting documents and information requested by the KHDA; 4. provide a Curriculum approved by the KHDA which is appropriate for all the Students targeted by the academic plan mentioned in sub-paragraph (3) of this Article; and 5. meet any other conditions determined pursuant to a resolution of the Director General.

المادة 6

Initial Approvals will be valid for a period of one (1) year. The KHDA may extend Initial Approvals for a period of no more than six (6) months. An application for Initial Approval extension must be submitted at least thirty (30) days prior to its expiry date. The application will be considered and approved in accordance with the conditions and procedures determined pursuant to a resolution of the Director General.

المادة 7

No Person may conduct the Educational Activity in the Emirate without first obtaining an Educational Permit.

المادة 8

Educational Permits will be issued subject to: 1. presenting the Initial Approval; 2. submitting the required site plans and drawings of the premises where the Educational Activity will be conducted. The premises must meet the conditions and rules adopted by the KHDA in this respect, and the technical, engineering, health, environmental, and planning conditions and requirements adopted by concerned Government Entities; 3. appointing a qualified full-time Principal, approved by the KHDA, to manage and supervise the Private School; 4. providing qualified School Staff in accordance with the rules and conditions adopted by the KHDA in this respect; 5. meeting all basic requirements in accordance with the rules and standards adopted by the KHDA in this respect; 6. providing all teaching aids, tools, and equipment required for conducting the Educational Activity as approved by the KHDA in this respect; 7. obtaining all required approvals from concerned Government Entities; and

المادة 9

Educational Permits will be valid for a period of one (1) year, renewable for the same period. An application for renewal of an Educational Permit must be submitted to the KHDA at least thirty (30) days prior to its expiry date. The application will be considered and approved in accordance with the procedures and conditions determined pursuant to a resolution of the Director General.

المادة 10

An Educational Permit may not be assigned without first obtaining the relevant approval of the KHDA. This approval will be issued in accordance with the rules and conditions determined pursuant to a resolution of the Director General. Any assignment of the Educational Permit in contravention of this Article will be null and void.

المادة 11

The procedures, documents, and forms required for issuing Initial Approvals and Educational Permits will be determined pursuant to a resolution of the Director General in this respect.

المادة 12

a. A Private School may not suspend/cease the Educational Activity during a School Year. The KHDA may approve a request to suspend/cease the Educational Activity as per the conditions and rules determined by a resolution of the Director General. b. A Private School that obtains an approval from the KHDA to suspend/cease the Educational Activity in accordance with paragraph (a) of this Article must: 1. notify Parents and School Staff in writing of the KHDA approval of the suspension/cessation, at least one (1) School Year in advance; 2. continue to conduct the Educational Activity until the end of the School Year following the School Year in which the KHDA issues its approval of the suspension/cessation; 3. issue Student transfer certificates and settle the entitlements of School Staff; 4. ensure the enrolment of transferred Students at other Private Schools in the Emirate; 5. complete the procedures for cessation of the Educational Activity, including the cancellation of the Educational Permit and the Licence; 6. within seven (7) days from the date on which the suspension/cessation approval is issued, place a notice, at a prominent place within its premises, announcing the suspension/cessation of the Educational Activity; 7. pay any outstanding fees or amounts to any Government Entity; and 8. perform any other obligations determined pursuant to a resolution of the Director General.

المادة 13

A Private School must: 1. comply with the terms of its Educational Permit; 2. comply with the legislation in force in the Emirate including this Resolution and the resolutions issued in pursuance hereof, and with the instructions issued by the KHDA in respect of the Educational Activity; 3. ensure high quality education and learning are provided to Students in accordance with the resolutions and instructions issued by the KHDA; 4. comply with the conditions and follow the procedures adopted by the KHDA for enrolment of Students; 5. continuously develop the skills of School Staff in a manner that achieves quality education; 6. not conduct any activity in its premises other than the Educational Activity or the programmes and activities authorised by the KHDA; 7. not replace the Owner or add a new Owner, or replace the Operator or Principal, without first obtaining the relevant approval of the KHDA; 8. provide complete, accurate, and true data, information, reports, and statistics as requested by the KHDA or its authorised representatives; 9. not make any changes to the Curriculum or the Educational Activity without first obtaining the relevant approval of the KHDA; 10. not change Tuition Fees without first obtaining the relevant approval of the KHDA; 11. not discount Tuition Fees without first obtaining the relevant approval of the KHDA; 12. not vary its name, address, or any other details stated in its Educational Permit without first obtaining the relevant approval of the KHDA; 13. not construct any additional buildings; add any facilities; close down any existing facility; or take lease of any new buildings for the purpose of conducting the Educational activity without first obtaining the relevant approval of the KHDA and the concerned Government Entities; 14. not authorise any party other than the Operator or the Principal to interfere with its affairs; 15. appoint qualified School Staff who meet the requirements adopted by the KHDA in this respect; 16. treat its Students equitably and not discriminate against them on grounds of nationality, race, gender, religion, social class, or special educational needs of Students with disabilities; 17. admit Students with disabilities in accordance with the terms of its Educational Permit, the rules adopted by the KHDA, and the relevant legislation in force; 18. follow a clear and transparent policy that supports the Curriculum and the rights of Students; maintains public order and morals, and the social values and traditions of the UAE; and prevents contempt of religions; 19. provide all supplies required for conducting the Educational activity, including devices, equipment, furniture, and other supplies which the KHDA deems necessary, such as the supplies required by Students with disabilities; 20. provide all health, safety, and environmental requirements within its premises as approved by the KHDA and the concerned Government Entities, including those related to food safety; and ensure the suitability of cleaners' gender to the gender and school stage of Students; 21. create records of its Students, School Staff, and financial affairs; and maintain these records for the relevant period prescribed by the KHDA; 22. enter Student and School Staff data on the relevant system of the KHDA, and update the same on a regular basis; 23. not suspend/cease the Educational Activity without first obtaining the relevant approval of the KHDA; and comply with the conditions and requirements prescribed in this approval; 24. conclude contracts with Parents in Arabic or English, as the case may be, which provide for all rights and obligations of the parties. These contracts must be approved by the KHDA; 25. not advertise its services in any manner whatsoever without first obtaining the relevant approval of the KHDA; 26. follow the school calendar approved by the KHDA; 27. give enrolment priority to UAE national Students; 28. receive complaints filed by Students and Parents, form a committee to consider them, and take the appropriate action in this respect; 29. implement the code of ethics and professional conduct approved by the KHDA; 30. implement the Student code of conduct approved by the KHDA; 31. take the appropriate action to encourage and motivate UAE nationals to join its School Staff in accordance with the legislation in force and as approved by the KHDA in this respect; 32. based on the adopted Curriculum, provide Parents with reports detailing Student academic attainment and any other information determined by the KHDA in this respect; 33. ensure that school programmes and activities; Student counselling; healthcare, social, and psychological programmes; and any other programmes do not conflict with public order and morals; 34. raise Parents' awareness of all matters related to their children's rights and obligations, to the adopted Curriculum, and to any other relevant matters; 35. develop and adopt a clear vision, mission, and objectives; 36. safeguard and preserve Student rights, and take all necessary action to protect the same; 37. integrate information technology and its applications into the educational process; 38. launch its own website and update it on a regular basis. This website must contain information on the Curriculum, Tuition Fees, development plans, Student achievements, and any other information related to the Educational Activity; 39. cooperate with the employees and inspectors of the KHDA and enable them to perform their duties; 40. play the UAE national anthem and hoist the UAE flag exclusively; 41. not display any photographs, portraits, or icons of any personalities other than UAE leaders; and 42. perform any other obligations determined pursuant to a resolution of the Director General.

المادة 14

A Private School must have an appropriate name that is compliant with all the provisions and procedures regulating the protection of trade names in accordance with the legislation in force in the Emirate. The name must also clearly reflect the adopted Curriculum, vision, mission, and objectives of the Private School, and must be approved by the KHDA in accordance with the conditions, rules, and procedures it adopts in this respect.

المادة 15

a. Operators are the highest authority in Private Schools. They will supervise all matters related to the administrative, financial, technical, academic, and other affairs of Private Schools. b. Operators must satisfy all the conditions adopted by the KHDA in this respect, and must be approved by the KHDA. c. Where an Owner wishes to replace the Operator, the Owner must submit to the KHDA an application to this effect. The KHDA will issue a resolution approving this replacement in accordance with the conditions and procedures it approves in this respect.

المادة 16

a. A Principal is responsible for the management of the Private School, and his duties and responsibilities will be determined pursuant to the relevant rules approved by the KHDA. b. A Principal must satisfy all the conditions adopted by the KHDA in this respect, and his appointment must be approved by the KHDA. c. Where a Private School wishes to replace the Principal, it must submit to the KHDA an application to this effect. The KHDA will issue a resolution approving this replacement in accordance with the conditions and procedures it approves in this respect.

المادة 17

With regard to School Staff, a Private School must: 1. appoint qualified School Staff in accordance with the relevant conditions, procedures, and requirements approved by the KHDA; 2. not appoint any School Staff member without first obtaining the relevant approval of the KHDA; 3. where so requested, provide the KHDA with the employment contracts of its School Staff; 4. prepare annual development plans for its School Staff; and 5. perform any other obligations determined pursuant to a resolution of the Director General.

المادة 18

a. The KHDA will approve Curricula in accordance with the conditions, rules, and guidelines it adopts in this respect. b. During the conduct of the Educational Activity, a Private School must follow the Curriculum approved by the KHDA, and may not change this Curriculum without first obtaining the relevant approval of the KHDA. c. A Private School which adopts a Curriculum other than the UAE general education curriculum must include in its Curriculum "Islamic Studies" as a mandatory subject for Muslim Students, and "Arabic Language" and "Social Studies" as mandatory subjects for all Students. The KHDA will determine the minimum requirements related to teaching these subjects. d. The KHDA may approve a request by a Private School to adopt more than one (1) Curriculum. This approval will be issued in accordance with the conditions and rules adopted by the KHDA in this respect. e. A Curriculum must attach great importance to, and show appreciation for, the UAE national identity and for Islamic Sharia principles.

المادة 19

a. A Private School which adopts the UAE general education curriculum must comply with the school calendar issued by the competent entity in this respect. b. The KHDA must approve the school calendar of a Private School that adopts a Curriculum other than the UAE general education curriculum. This calendar must determine the beginning and end dates of the School Year, school holidays, and public holidays. c. All Private Schools will have a single morning shift for Students. Where required, a Private School may be exempt from this requirement in accordance with the conditions, rules, and procedures approved by the KHDA in this respect.

المادة 20

a. A Private School which adopts the UAE general education curriculum must comply with the examination calendar applicable to public schools. b. A Private School which adopts a Curriculum other than the UAE general education curriculum must comply with the procedures and regulations governing the examination calendar approved by the KHDA.

المادة 21

a. A Private School must have its school programmes and activities; its Student counselling, healthcare, social, and psychological programmes; and all its other programmes, including extracurricular programmes which it intends to implement during a School Year approved by the KHDA. b. No Private School may implement any programme other than the programmes referred to in paragraph (a) of this Article, or amend these programmes, without first obtaining the relevant approval of the KHDA.

المادة 22

Academic Certificates issued by a Private School which adopts the UAE general education curriculum or another Curriculum will be attested in accordance with the procedures adopted by the KHDA in this respect.

المادة 23

A Private School must have and implement a clear and transparent Student affairs policy that is approved by the KHDA. This policy must: 1. provide for equality amongst Students and prevent discrimination based on race, gender, nationality, religion, or social class; 2. ensure Student affairs are administered in a professional and impartial manner; 3. comply with the conditions and procedures adopted by the KHDA in respect of enrolment, admission, and transfer of Students of Private Schools, and with the procedures and standards for follow-up and service provision; 4. provide a special needs friendly environment and academic programmes appropriate for Students with disabilities in accordance with the rules and conditions determined by the KHDA and the concerned Government Entities in this respect;

المادة 24

a. A Private School must have a clear and transparent Student safety and protection policy, and implement it upon approval by the KHDA. b. A Private School will be responsible for the safety and protection of its Students throughout the school day while they are at its premises and facilities or on its buses, and during any Student activity organised by the Private School outside of its premises.

المادة 25

a. A Private School must comply with the conditions, requirements, and specifications adopted by the concerned Government Entity in respect of School Buses and School Bus drivers, and with any other relevant provisions. b. A Private School will be fully responsible for the transport services provided to its Students, and for the safety of those Students who use that service. c. A Private School may contract with any entity to provide a transport service to its Students without prejudice to its responsibility for Student safety and for transporting them from and to the Private School.

المادة 26

a. The KHDA will adopt a standard code of conduct for Students at Private Schools. b. A Private School must implement the approved code of conduct. For this purpose, the Private School may establish internal conduct rules and disciplinary procedures without prejudice to the standard code of conduct adopted by the KHDA.

المادة 27

All employment contracts of School Staff will be governed by the legislation in force in the Emirate, and by the conditions, rules, and requirements adopted by the KHDA, particularly the qualification and experience requirements for the appointment of School Staff.

المادة 28

a. The KHDA will establish quality assurance standards and a performance evaluation system for quality assurance in Private Schools. b. Private Schools will be subject to audit and inspection by the KHDA at all times to verify their compliance with quality assurance standards and with the provisions of this Resolution and the resolutions issued in pursuance hereof; to verify the efficiency and quality of their performance; and to evaluate them in terms of school premises and facilities, School Staff, education, academic, and learning outcomes, health and safety requirements, and all other matters related to the Educational Activity. c. For the purpose of performing the duties stated in paragraph (a) of this Article, the KHDA may form specialised committees and seek assistance from experts from amongst KHDA employees or other Persons. d. The KHDA will issue periodic reports containing the results of the evaluation of Private Schools, and may publish these results in the manner it deems appropriate.

المادة 29

The KHDA will charge the fees prescribed in Schedule (1) attached to this Resolution for issuing approvals and Educational Permits, and for all other services it provides pursuant to this Resolution.

المادة 30

a. Without prejudice to any stricter penalty provided for in any other resolution, a Person who commits any of the violations mentioned in Schedule (2) attached to this Resolution will be punished by the fine indicated opposite that violation. b. Notwithstanding the provisions of paragraph (a) of this Article, prior to imposing fines for the violations determined pursuant to a resolution of the Director General, a written warning must be served on violators requiring them to remedy their violations within the time frame prescribed by the KHDA, failing which the fine will be imposed. c. Upon repetition of the same violation within one (1) year from the date of the previous violation, the amount of the fine referred to in paragraph (a) of this Article will be doubled. The doubled fine must not exceed five hundred thousand Dirhams (AED 500,000.00). d. In addition to the penalty of a fine prescribed in paragraph (a) of this Article and without prejudice to the interests of Students, the Director General or his authorised representative may take one or more of the following measures against a violating Private School: 1. suspension of all its requests for a period not exceeding six (6) months; 2. suspension of enrolment of Students for the upcoming School Year; 3. suspension of its right to expansion, to add new educational levels, or to amend its Tuition Fees; and/or 4. revocation of the Educational Permit and notifying the Licensing Authority to revoke the Licence.

المادة 31

The employees and inspectors of the KHDA nominated pursuant to a resolution of the Director General will have the capacity of law enforcement officers to record the acts committed in breach of the provisions of this Resolution and the resolutions issued in pursuance hereof. In this capacity, they may access Private Schools and all their facilities, access their records and registers, issue the necessary violation reports, and where necessary, seek the assistance of police personnel.

المادة 32

Any affected party may submit a written grievance to the Director General against the decisions, procedures, and measures taken against him under this Resolution within thirty (30) days of being notified of the contested decision, procedure, or measure. The grievance will be determined, within sixty (60) days from the date of its submission, by a committee formed by the Director General for this purpose, and the decision on the grievance will be final.

المادة 33

For the purpose of implementing the provisions of this Resolution, the KHDA may seek assistance from Government Entities. Upon request, such entities must provide the KHDA with support and assistance.

المادة 34

Private Schools are prohibited from receiving any donations, aids, or gifts from any Person within or outside of the UAE without first obtaining the written approval of the KHDA and the concerned Government Entities.

المادة 35

The fees and fines collected pursuant to this Resolution will be paid to the Public Treasury of the Government of Dubai.

المادة 36

All establishments conducting the Educational Activity in the Emirate by the effective date of this Resolution must comply with the provisions of this Resolution within a period not exceeding one (1) year from its effective date. The Director General may, where required, extend this grace period once for the same period.

المادة 37

The Director General will issue the resolutions required for the implementation of the provisions of this Resolution. These resolutions will come into force upon publication in the Official Gazette of the Government of Dubai.

المادة 38

Any provision in any other resolution will be repealed to the extent that it contradicts this Resolution.

المادة 39

This Resolution will be published in the Official Gazette and will come into force on the day on which it is published.