Executive Council Resolution No. (2) of 2017
Regulating
Private Schools in the Emirate of Dubai[1]
ــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــ
We, Hamdan bin Mohammed bin Rashid Al Maktoum,
Crown Prince of Dubai, Chairman of the Executive Council,
After
perusal of:
Law No. (3)
of 2003 Establishing the Executive Council of the Emirate of Dubai;
Law No. (9)
of 2004 Concerning the Dubai International Financial Centre and its amendments;
Law No. (30)
of 2006 Establishing the Knowledge and Human Development Authority in Dubai;
Law No. (14)
of 2009 Concerning the Pricing of Government Services in the Emirate of Dubai
and its amendments;
Law No. (13)
of 2011 Regulating the Conduct of Economic Activities in the Emirate of Dubai
and its amendments;
Law No. (2)
of 2014 Concerning Protection of the Rights of Persons with Disabilities in the
Emirate of Dubai;
Law No. (1)
of 2016 Concerning the Financial Regulations of the Government of Dubai;
Decree No.
(22) of 2009 Concerning Special Development Zones in the Emirate of Dubai;
Decree No.
(9) of 2015 Regulating the Raising of Donations in the Emirate of Dubai;
Executive
Council Resolution No. (38) of 2007 Establishing the School Inspection Bureau
at the Knowledge and Human Development Authority in Dubai;
Executive
Council Resolution No. (2) of 2008 Regulating School Transport in the Emirate
of Dubai and its amendments; and
The
legislation establishing and regulating free zones in the Emirate of Dubai,
Do hereby issue this Resolution.
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. |
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.
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.
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.
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.
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.
No Person
may conduct the Educational Activity in the Emirate without first obtaining an
Educational Permit.
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
8. meeting
any other conditions determined pursuant to a resolution of the Director
General.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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;
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The fees and
fines collected pursuant to this Resolution will be paid to the Public Treasury
of the Government of Dubai.
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.
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.
Any
provision in any other resolution will be repealed to the extent that it
contradicts this Resolution.
This
Resolution will be published in the Official Gazette and will come into force
on the day on which it is published.
Hamdan bin Mohammed bin Rashid Al Maktoum
Crown Prince
of Dubai
Chairman of
the Executive Council
Issued in Dubai on 30
January 2017
Corresponding to 2 Jumada al-Ula 1438 A.H.
|
SN |
Description |
Fee (in Dirhams) |
|
1 |
Issuing
an Educational Permit for a new Private School (for-profit school) |
50,000.00 |
|
2 |
Issuing
an Educational Permit for a new Private School (non-profit school) |
20,000.00 |
|
3 |
Application
for renewal of the Educational Permit of a Private School (for-profit school) |
35,000.00 |
|
4 |
Application
for renewal of the Educational Permit of a Private School (non-profit school) |
14,000.00 |
|
5 |
Request
for any amendment to an Educational Permit |
5,000.00 |
|
6 |
Request
for cessation/suspension of the Educational Activity |
5,000.00 |
|
7 |
Request
for a Student certificate of admission to a Private School |
100.00 |
|
8 |
Request
for a letter for clearance of a shipment of books |
100.00 |
|
9 |
Request
for the transfer of a Student from one Private School to another within the stipulated
time frame |
100.00 |
|
10 |
Request
for the transfer of a Student from one Private School to another after expiry
of the stipulated time frame |
500.00 |
|
11 |
Request
for change of Student’s details in the relevant system of the KHDA |
100.00 |
|
12 |
Request
for a No-objection Certificate or 'To Whom It May Concern Certificate' in
respect of any matter related to a Student or School Staff |
100.00 |
|
13 |
Request
for a No-objection Certificate or 'To Whom It May Concern' Certificate in
respect of any matter related to a Private School |
500.00 |
|
14 |
Request
for a Private School advertisement approval |
100.00 |
|
15 |
Request
for a change of Curriculum (for a non-profit Private School) |
10,000.00 |
|
16 |
Request
for a change of Curriculum (for a for-profit Private School) |
20,000.00 |
|
17 |
Request
for amendment of Tuition Fees |
500.00 |
|
18 |
Request
for approval of annual school activities and programmes |
500.00 |
|
19 |
Request
for approval of assigning an Educational Permit |
5,000.00 |
|
20 |
Request
for attestation of a Student’s Academic Certificate or transcript |
100.00 |
|
21 |
Request
for issuing equivalency of an Academic Certificate |
100.00 |
|
SN |
Violation |
Fine
(in Dirhams) |
|
1 |
Failure
to comply with the terms of the Educational Permit |
100,000.00 |
|
2 |
Failure
to comply with the conditions and follow the procedures adopted by the KHDA
for the enrolment of Students |
100,000.00 |
|
3 |
Admission
of a Student without obtaining the approval of the KHDA |
AED 50,000.00 per Student |
|
4 |
Changing
Tuition Fees without obtaining the approval of the KHDA |
150,000.00 |
|
5 |
Failure
to comply with the re-enrolment fee for returning Students |
20,000.00 |
|
6 |
Discounting
Tuition Fees without obtaining the approval of the KHDA |
50,000.00 |
|
7 |
Failure
to comply with the enrolment and admission fees for new Students |
20,000.00 |
|
8 |
Failure
to give enrolment priority to UAE national Students |
20,000.00 |
|
9 |
Enrolling
a Student in any educational stage in contravention of the age requirements
stipulated by law, without obtaining the approval of the KHDA |
50,000.00 |
|
10 |
Enrolling
a Student who does not meet the prescribed requirements after expiry of the grace
period, without obtaining the approval of the KHDA |
50,000.00 |
|
11 |
Enrolling
a transfer Student without obtaining the approval of the KHDA |
50,000.00 |
|
12 |
Upgrading
a Student to the next higher educational level(s) without obtaining the
approval of the KHDA |
50,000.00 |
|
13 |
Downgrading
a Student to the next lower educational level(s) without obtaining the
approval of the KHDA |
50,000.00 |
|
14 |
Upgrading
a Student at the beginning of the new School Year rather than during the
prescribed time frame |
AED 100.00 per
day per Student |
|
15 |
Conducting
an activity other than the Educational Activity, or conducting other than the
programmes and activities authorised by the KHDA, in a Private School |
50,000.00 |
|
16 |
Replacing
the Owner, Operator, or Principal without obtaining the approval of the KHDA |
50,000.00 |
|
17 |
Failure
to appoint a Principal within the period prescribed by the KHDA where the
previous Principal’s service ends for any reason whatsoever |
50,000.00 |
|
18 |
Failure
to provide the data, information, reports, and statistics requested by the
KHDA or any of its authorised representatives; or failure to provide true and
accurate data, information, reports, and statistics |
50,000.00 |
|
19 |
Failure
to submit an enrolment application within the period prescribed by the KHDA |
AED 100.00 per day per Student |
|
20 |
Failure
to comply with the KHDA requirements for the maximum number of Students per
class |
50,000.00 |
|
21 |
Failure
by a Private School to enter the details of Students transferred to other
schools in the Emirate in the relevant system without a reason acceptable to
the KHDA |
AED 100.00 per
day per Student |
|
22 |
Changing
the approved Curriculum or activities without obtaining the approval of the
KHDA |
50,000.00 |
|
23 |
Variation
of the name, address, or any of details stated in the Educational Permit of
the Private School without obtaining the approval of the KHDA |
50,000.00 |
|
24 |
Constructing
new buildings or adding new facilities to the Private School; closing down
any existing facility; or taking lease of any new building, without obtaining
the approval of the KHDA |
50,000.00 |
|
25 |
Authorising
any Person other than the Principal or the Operator to interfere in the
affairs of the Private School |
100,000.00 |
|
26 |
Appointing
a School Staff member who does not meet the requirements prescribed by the
KHDA |
100,000.00 |
|
27 |
Failure
to teach Students the three (3) mandatory subjects, namely “Islamic Studies”
for Muslim Students, and “Arabic Language” and “Social Studies” for all
Students; or failure to appoint specialised and qualified School Staff to
teach these subjects |
150,000.00 |
|
28 |
Teaching
Arab Students the three (3) mandatory subjects, namely “Islamic Studies,”
“Arabic Language,” and “Social Studies”, using a syllabus designed for
non-Arabic speakers without obtaining the approval of the KHDA |
50,000.00 |
|
29 |
Failure
to observe the number of credit hours prescribed for teaching the three (3)
mandatory subjects, namely “Islamic Studies,” “Arabic Language,” and “Social
Studies” |
10,000.00 |
|
30 |
Failure
to treat Students equitably or discriminating against Students on any grounds
whatsoever |
25,000.00 |
|
31 |
Refusing
to enrol Students with disabilities without a reason acceptable to the KHDA |
50,000.00 |
|
32 |
Committing
any act which may disrupt public order and morals |
50,000.00 |
|
33 |
Committing
contempt of religions, including to: 1.
use textbooks that conflict with the principles of
Islam, or propagate any other religion; 2.
commit blasphemy against God; or 3.
vilify Prophet Muhammad, God’s peace and blessings
be upon him; his Companions or Wives; or any other Prophets or Messengers. |
50,000.00 |
|
34 |
Failure
to provide the supplies required for conducting the Educational Activity,
including devices, equipment, furniture, and any other supplies the KHDA
deems necessary for Private Schools, such as the special supplies for Student
with disabilities |
20,000.00 |
|
35 |
Failure
to provide health, safety, and environmental requirements within the premises
of the Private School as approved by the KHDA and the concerned Government
Entities, including ensuring food safety and suitability of cleaners’ gender
to the gender of Students at Private Schools |
20,000.00 |
|
36 |
Failure
to appoint a School Bus conductor |
20,000.00 |
|
37 |
Failure
to maintain the records of Students and School Staff, and the financial
records for the period prescribed by the KHDA |
50,000.00 |
|
38 |
Failure
to enter, and update on a regular basis, the details of Students and School
Staff, on the information system of the KHDA |
50,000.00 |
|
39 |
Failure
to protect and preserve the basic rights of Students |
20,000.00 |
|
40 |
Suspending/Ceasing,
by the Private School, of its Educational Activity without obtaining the
approval of the KHDA |
150,000.00 |
|
41 |
Failure
to meet any of the obligations stipulated in this Resolution where the
Private School obtains the KHDA’s approval to suspend/cease the Educational
Activity |
100,000.00 |
|
42 |
Failure
to conclude with a Parent the Arabic or English contract adopted by the KHDA providing
for all the rights and obligations of the parties |
50,000.00 |
|
43 |
Advertising,
by a Private School, of its services without obtaining the approval of the
KHDA or failure to comply with the promotional material approved by the KHDA |
10,000.00 |
|
44 |
Failure
to comply with the school calendar approved by the KHDA |
100,000.00 |
|
45 |
Failure
to accept complaints filed by Students or their Parents or to take the
appropriate action in this respect |
20,000.00 |
|
46 |
Failure
to implement the School Staff code of ethics and professional conduct or the
Student code of conduct approved by the KHDA |
20,000.00 |
|
47 |
Failure
to provide Parents with any certificate or information indicating the
Student’s academic attainment as determined by the KHDA |
10,000.00 |
|
48 |
Abstaining
from awarding a Student his Academic Certificates or transcripts without a
valid reason |
10,000.00 |
|
49 |
Failure
to comply with the pass requirements of the Private School when announcing
Student grades |
10,000.00 |
|
50 |
Fraudulent
manipulation of Student grades and transcripts |
100,000.00 |
|
51 |
Issuing
certificates and transcripts to Students who are not approved by the KHDA |
50,000.00 |
|
52 |
Discrepancy
between the data contained in the official records maintained by the KHDA and
the actual situation of Students at the Private School |
50,000.00 |
|
53 |
Issuing
certificates or other documents which are inconsistent with the records
approved by the KHDA |
50,000.00 |
|
54 |
Failure
to provide Students with final grades, make-up exams grades, or board
examination results without a reason acceptable to the KHDA |
AED 100.00 per
day per Student |
|
55 |
Conducting
activities or programmes that are offensive to the principles of Islam or
social customs and traditions, or the sovereignty and state security of the
UAE |
150,000.00 |
|
56 |
Failure
to launch a website for the Private School which contains information on the
Curriculum, Tuition Fees, development plans, and Student achievements, and
any other information related to the Educational Activity |
50,000.00 |
|
57 |
Failure
to cooperate with the KHDA’s employees and inspectors or to enable them to
perform their duties |
100,000.00 |
|
58 |
Compromising
the safety of Students through failure to conduct maintenance works of the
school buildings, facilities, or equipment |
100,000.00 |
|
59 |
Performing
any act that may cause Students bodily harm or social, religious, or
financial disadvantage |
150,000.00 |
|
60 |
Failure
to play the UAE National Anthem with due reverence or to hoist the UAE Flag,
or hoisting the flag of any other country |
150,000.00 |
|
61 |
Displaying
the photographs, portraits, or icons of personalities other than UAE leaders |
50,000.00 |
|
62 |
Failure
to start the Educational Activity within ninety (90) days from the date on
which the Educational Permit is issued, or within any other period prescribed
by the KHDA, without a reason acceptable to the KHDA |
50,000.00 |
|
63 |
Failure
to comply with the instructions of the KHDA |
5,000.00 |
©2017
The Supreme Legislation Committee in the Emirate of Dubai
[1]Every effort
has been made to produce an accurate and complete English version of this
legislation. However, for the purpose of its interpretation and application,
reference must be made to the original Arabic text. In case of conflict the
Arabic text will prevail.