Prep school transformation plan violates Constitution, experts say

Education Minister Nabi Avcı (Photo: Today’s Zaman, Ali Ünal)
Education Minister Nabi Avcı (Photo: Today’s Zaman, Ali Ünal)


Date posted: December 4, 2013

DERVİŞ GENÇ, İSTANBUL

A government plan to shut down Turkey’s prep schools — or “transform” them, as the government argues — violates the Turkish Constitution and the case law of the European Court of Human Rights (ECtHR), according to experts.

“Parliament can neither close the prep schools with a law nor force them to transform. Even if you call it a transformation, forbidding prep schools from functioning would violate the essence of the Constitution,” said Ahmet Gündel, a retired Supreme Court of Appeals prosecutor.

Prep schools are private institutes that help students prepare for standardized high school and college entrance exams. The government has finished work on a draft law that would close the prep schools by September 2015 and fine any that continue to operate. Some have argued that the law, which is seen as a huge blow to free enterprise, could block upward mobility in Turkish society.

Gündel does not think there is a difference between transformation and closure, as both would prohibit prep schools from functioning. According to Gündel, Article 48 of the Turkish Constitution grants individuals the right to open prep schools under the principle of free enterprise. “A law or a legal amendment cannot close prep schools that have already opened,” he said. Even if they are closed, Gündel added, the Constitutional Court will overturn the decision.

According to the government’s draft law, the prep schools will be given two years to become private schools and will be prohibited from operating as study centers. If they don’t make the switch during this period, fines ranging from TL 500,000 to TL 1 million will be imposed on the prep schools. The draft law also includes a provision stating that teachers from prep schools that are closed will be eligible to register with the Ministry of Education for employment at public schools without having to take the State Personnel Examination (KPSS), a civil service exam.

Yüksel Metin, an associate professor of constitutional law at Süleyman Demirel University, said the government is aware that closing the prep schools would violate the Constitution, and is therefore reframing the process as a transformation. “The state has a responsibility to supervise and monitor the activities of educational institutions. In this sense, the state takes action to regulate the educational quality and physical conditions of the prep schools. Yet it cannot close the prep schools or prohibit them from teaching students. If it does, it will violate the principles of democratic society,” Metin said.

There are 3,858 prep schools in Turkey, attended by over 2.2 million students. Out of the 739,000 high school seniors who must take the university entrance exam to continue their education, 550,000 attend prep schools. Most Turkish schools have 40 hours of classes a week, while prep schools offer 15-20 hours of extra weekly lessons. In Turkey, most middle and high school students attend prep schools to prepare for exams that will decide which high schools and universities they will be eligible to attend.

According to Associate Professor Ekrem Ali Akartürk, who teaches law at Yeditepe University, the closure of the prep schools would also violate ECtHR case law. “The government gives the prep schools two years to transform [into private schools]. Yet, there is no change in the government’s decision to shut down prep schools that refuse to transform. The state can restrict some rights and freedoms through laws. But it cannot negate or ban a right and freedom entirely. This is a principle laid down by the ECtHR. If the prep schools are closed and this process is called a ‘transformation,’ then a right and freedom will be entirely negated. This means that the people’s right to receive education will be negated. It also means that the principle of equality in education will be dealt a blow,” he said, adding that the prep schools serve, in essence, the purpose of eliminating educational disparities between rich and poor families.

Debate over the fate of the prep schools is not a new topic in Turkey. Government officials have mentioned similar plans before, but so far words have not resulted in action.

Professor Osman Kaşıkçı, dean of Fatih University’s school of law, said the government is using the term “transformation” to undermine the criticism it has been receiving over its plan to shut down the prep schools. According to the professor, even if the government claims to be transforming prep schools, it is indeed shutting them down. “Such a transformation goes against the right to free enterprise. A forced transformation is unacceptable in law,” he said. He added that forced transformations are proper in communist regimes. “This is not a method democracies or republics are accustomed to. You may transform a state but not free enterprise.”


*Burcu Öztürk, Akın Öztürk

Source: Today's Zaman , December 4, 2013


Related News

TV series shooting banned over controversial scene depicting the Prophet Muhammad

Controversy over a scene depicting the Prophet Muhammad in a TV series has prompted the Konya Governor’s Office to cancel permission to shoot in the Central Anatolian province.

Erdogan’s war on education: The exodus of Turkey’s teachers

They were happy when Greek police caught them. “They treated us very well,” Hakan says. “Zehra told us she felt safer spending [several nights] in jail than [she did] in Turkey. She said: ‘The Greek police are keeping us safe from the Turks.'”

The Fountain 100th Issue Essay Contest

With its 100th issue, The Fountain invites you to join us in our celebration. Write in an essay a projection of yourself on your 100th birthday. What would you say to yourself at that age? What would your 100-year-old self tell you back? Would it be a conversation of praise and/or regret? Praise for achievements in your career, but regrets for a destroyed family? Warnings for the mistakes you did in your projected future or you will do in your past; pitfalls you happened to be dragged into, temptations you could not resist; or celebrations for the good character you were able to display and sustain a whole life, a precious life wasted or a life lived as it was meant to be.

Arab Students in Turkey Facing Arbitrary Arrest

Arab students who have previously studied at universities considered by Turkish security forces to have been influenced by the U.S-based cleric Fethullah Gülen are being arrested and threatened with deportation by police. Many such students have already been deported.

Gov’t keeps purging, dozens of police officials across Turkey have been removed

The government’s massive purge of members of the police and judiciary following the eruption of a corruption and bribery scandal continued across the country on Tuesday, with dozens more police officials being removed from their posts.

Erzurum people call Minister Ala to apologize Gülen for his remarks

Gülen is highly respected both in Turkey and in many countries around the world for educational activities he has pioneered, along with his efforts to promote intercultural and interfaith activities around the globe. He is in self-imposed exile in the US, though there is no legal hurdle that prevents him from returning to Turkey.

Latest News

Turkish inmate jailed over alleged Gülen links dies of heart attack in prison

Message of Condemnation and Condolences for Mass Shooting at Bondi Beach, Sydney

Media executive Hidayet Karaca marks 11th year in prison over alleged links to Gülen movement

ECtHR faults Turkey for convictions of 2,420 applicants over Gülen links in follow-up to 2023 judgment

New Book Exposes Erdoğan’s “Civil Death Project” Targeting the Hizmet Movement

European Human Rights Treaty Faces Legal And Political Tests

ECtHR rejects Turkey’s appeal, clearing path for retrials in Gülen-linked cases

Erdoğan’s Civil Death Project’ : The ‘politicide’ spanning more than a decade

Fethullah Gülen’s Vision and the Purpose of Hizmet

In Case You Missed It

HIzmet centre takes on Erdogan regime

Turkish school in Philippines partners in a social project

Fethullah Gulen – man of education, peace and dialogue – passes away

Turkey’s Economy Suffering Enormous Post-Coup Purges

Mischief-makers and the Hizmet movement

Nigeria says asked by Turkey to extradite over 1000 people

Thais demand more Turkish Schools during their visit in Turkey

Copyright 2026 Hizmet News