Executive
Council Resolution No. (35) of 2020
Regulating
Early Childhood Centres in the Emirate of Dubai[1]
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We, Hamdan bin
Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai, Chairman of the
Executive Council,
After perusal of:
Federal Law
No. (3) of 2016 Concerning the Rights of Children (“Wadeema’s Law”);
Law No. (3)
of 2003 Establishing the Executive Council of the Emirate of Dubai;
Law No. (9)
of 2004 Concerning Dubai International Financial Centre and its amendments;
Law No. (17)
of 2005 Establishing the Roads and Transport Authority and its amendments;
Law No. (30)
of 2006 Establishing the Knowledge and Human Development Authority in Dubai and
its amendments;
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.
Definitions
Article (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. |
|
Government: |
The Government of Dubai. |
|
KHDA: |
The Knowledge and Human Development Authority in
Dubai. |
|
Director General: |
The chairman of the Board of Directors and
director general of the KHDA. |
|
Government Entity: |
Any of the Government departments, public
agencies or corporations, councils, authorities, or other entities affiliated
to the Government. |
|
Concerned Government Entity: |
A Government Entity which is authorised, pursuant
to its own legislation, to implement any provisions of this Resolution. |
|
Early Childhood: |
A key stage of child development
and growth, which covers the period from birth to six (6) years old. |
|
Person with Disability: |
A person suffering
from a long-term physical, mental, or sensory deficiency or impairment that
may hinder his full or effective participation in the society on an equal
footing with others. |
|
Activity: |
Providing Care and Education and other services
approved by the KHDA to children during their Early
Childhood, in order to develop their abilities and skills, and to hone their personality. |
|
Centre: |
A company, a sole proprietorship, or any other
entity authorised by the KHDA to conduct the Activity in the Emirate. |
|
Permit: |
A document issued by the KHDA authorising a
Centre to conduct the Activity in the Emirate. |
|
Initial Approval: |
An approval issued by the KHDA to an applicant to
proceed with obtaining the relevant licences, permits, and approvals from the
Concerned Government Entities and meeting the relevant requirements for
obtaining the Permit and conducting the Activity. |
|
Licensing Authority: |
An entity legally authorised to issue licences to
establishments in the Emirate,
depending on whether they are for-profit or non-profit establishments. |
|
Licence: |
The document issued by the Licensing Authority to
a Centre. |
|
Care and Education: |
The set of services provided by a Centre to children during their Early Childhood with a view
to developing their learning abilities; ensuring their happiness; enhancing
their psychological and mental health; and creating a balanced, safe, and
healthy environment for them. |
|
Curriculum: |
A Care and Education system which is approved by
the KHDA for the purpose of implementation by a Centre; and which consists of
childcare methods, educational courses, and curricular and extracurricular
activities that aim to achieve specific Early Childhood development goals. |
|
Professional Cadre: |
This includes the Manager, the faculty members,
and the professional staff of a Centre. |
|
Care and Education Fees: |
The charges collected by a Centre
in return for providing Care and Education services to a
child
enrolled in that Centre. |
|
Parent: |
The legal guardian or custodian
of a child during his Early Childhood. |
|
Person: |
A natural or legal person. |
|
Owner: |
The owner of a Centre. |
|
Operator: |
A Person contracted by an Owner
to supervise and operate the Centre. |
|
Manager: |
A natural person in charge of
managing a Centre. |
Scope of
Application
Article (2)
a.
The provisions of this Resolution
apply to all Persons conducting the Activity in the Emirate, including in
Special Development Zones and free zones, such as the Dubai International
Financial Centre.
b.
The provisions of
this Resolution do not apply to:
1.
establishments affiliated to Government Entities; and
2.
private schools
conducting the Activity.
Objectives of the Resolution
Article (3)
This Resolution aims to:
1.
ensure the quality of Early
Childhood Care and Education in accordance with the relevant international best
practices;
2.
ensure that the outcomes of the
Early Childhood Care and Education sector are in line with the adopted
strategies of the Emirate;
3.
instil and promote core social
values and norms during Early Childhood by preparing children for a responsible life in a society where
coexistence, tolerance, and equality prevail;
4.
support the educational and
learning environment in Centres to achieve effective and high-quality
educational outputs, with a view to raising a generation that has good learning
potential;
5.
develop the educational and
learning abilities and skills of children with
special educational needs and children who are Persons with Disabilities;
6.
regulate providing Care and
Education services in the Emirate to children during
their Early Childhood in order to ensure protection of their right to Care and
Education;
7.
develop qualified Professional
Cadres who have experience and specialised skills and who are capable of
providing Care and Education services to children during their Early Childhood; and
8.
encourage investment in the Early
Childhood Care and Education sector.
Functions
of the KHDA
Article
(4)
To achieve the
objectives of this Resolution, the KHDA will oversee the work of Centres in the
Emirate. For this purpose, the KHDA will have the duties and powers to:
1. issue
Initial Approvals and Permits in accordance with the conditions and procedures
prescribed in this Resolution;
2. approve
the appointment of Operators in accordance with the relevant conditions and
procedures adopted by the KHDA;
3. approve
the appointment or replacement of members of the Professional Cadres in
accordance with the relevant conditions and procedures adopted by the KHDA;
4. approve
the codes of ethics and professional conduct of Centres and Professional Cadres;
5. approve
requests for amendment of the details of Permits in accordance with the relevant
conditions and procedures adopted by the KHDA;
6. approve
Curricula in accordance with the relevant conditions and procedures adopted by
the KHDA ;
7. approve
Care and Education Fees, and any amendments thereof, in accordance with the
relevant conditions and procedures adopted by the KHDA;
8. approve
the annual calendar of Centres in a manner that meets the requirements and
standards of various Curricula;
9. issue
approvals to enrol children
in Centres in accordance with the relevant conditions and procedures adopted by
the KHDA;
10. receive
and investigate complaints filed against Centres and Professional Cadres; and
take the necessary actions in respect of these complaints, including imposing
the administrative penalties and measures stipulated in this Resolution;
11. take
the appropriate actions
required to support children
in Centres to ensure that they receive appropriate Care and Education, through
analysing and studying their conditions and identifying their needs;
12. establish
the conditions, rules, and standards that are required to facilitate the
enrolment and integration of children
who are Persons with Disabilities in Centres;
13. conduct
an annual assessment of the performance of Centres in accordance with the
relevant rules adopted by the KHDA; and publish the assessment results in the
manner, and using the means, it deems appropriate;
14. establish
the requirements, rules, standards, and outputs that are required for the
provision of high-quality Care and Education;
15. devise,
in cooperation with the Concerned Government Entities, the plans and strategies
aimed at facilitating and encouraging investment in the Early Childhood Care
and Education sector with a view to meeting the needs of the Emirate;
16. conduct
planning and studies
to meet the need of the Emirate for competent and specialised Professional
Cadres in the field of Early Childhood development;
17. create
a comprehensive database of Centres, as determined by the KHDA in this respect;
18. audit
and monitor Centres and Professional Cadres to verify their compliance with this
Resolution and the resolutions issued in pursuance hereof, and with the terms
of Permits; impose appropriate administrative penalties and measures on
violators; and coordinate with the Concerned Government Entities in this
respect;
19. coordinate
with the Concerned Government Entities where the issuance of Permits requires
obtaining the approvals of, or issuing permits by, these entities; and
20. exercise
any other duties or powers that are related to the Activity and required for
the achievement of the objectives of this Resolution.
Conducting the Activity
Article (5)
No Person may conduct the Activity in the Emirate unless he is licensed
by the Licensing Authority and is authorised by the KHDA to conduct the
Activity.
Initial
Approvals
Article (6)
For the purpose of obtaining a Permit, a Centre must first
obtain an Initial Approval. This approval will be issued in accordance with the
following procedures and conditions:
1. An Initial Approval application will be submitted to the KHDA
on the form prescribed by it for this purpose, supported by the documents
prescribed by the KHDA.
2.
The Owner of, or partner in, the
Centre wishing to conduct the Activity must be of good character and repute,
and not have been convicted of any felony or
other crime affecting honour and trustworthiness, unless he has been
rehabilitated.
3.
An academic plan for conducting the
Activity must be submitted in accordance with the relevant conditions and
procedures adopted by the KHDA, together with any documents and information
required by the KHDA, including the Curriculum to be implemented.
4.
The applicant must undertake to
provide appropriate premises for conducting the Activity in accordance with the
requirements prescribed by the KHDA and the Concerned Government Entities.
5.
The applicant must undertake to
appoint a Professional Cadre in accordance with the relevant conditions and
procedures adopted by the KHDA and the Concerned Government Entities.
6.
The KHDA will
consider and assess the Initial Approval application and the documents attached thereto, and may require
the applicant to provide any further information as necessary for determining
the application.
7.
The KHDA will issue
the Initial Approval based on the consideration and assessment of the
application.
Validity of Initial Approvals
Article (7)
An Initial
Approval will be valid for a period of one (1) year. Upon the request of a
Person issued with an Initial Approval, the Director General or his authorised
representative may, based on valid reasons, extend the validity period of the
Initial Approval for no more than six (6) months, provided that the request for
extension is submitted at least thirty (30) days prior to the date of expiry of
the Initial Approval.
Permits
Article (8)
The issuance
of a Permit will be subject to the following:
1.
providing appropriate premises for conducting the
Activity in accordance with the requirements adopted by the KHDA and the
Concerned Government Entities;
2.
recruiting a Professional Cadre in accordance with
the relevant rules and conditions adopted by the KHDA and the Concerned
Government Entities;
3.
providing all aids, tools, and
equipment required for conducting the Activity as adopted by the KHDA in this
respect;
4.
obtaining the required approvals from the Concerned
Government Entities in accordance with the relevant conditions and procedures
adopted by these entities;
5.
providing the guarantees prescribed
by the KHDA to prove the solvency of the Centre and cover any damage to third
parties as a result of conducting the Activity; and
6.
meeting any other conditions prescribed pursuant to
the
relevant resolutions of the Director General.
Procedures
for Issuing Permits
Article
(9)
The
procedures for issuing Permits and the documents that must be provided to the
KHDA will be determined pursuant to the relevant resolution issued by the Director
General.
Validity of
Permits
Article (10)
a.
Permits will be valid for a period of one (1) year,
renewable for the same period. An application for renewal of a 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 conditions
and procedures stipulated in the
relevant resolution issued by the Director General.
b.
Notwithstanding the provisions of paragraph (a) of
this Article, the Director General may, where necessary, approve the issuance
of a Permit with a validity period of more than one (1) year.
Assignment of Permits
Article (11)
A Permit may
not be assigned to a third party without first obtaining the relevant approval
of the KHDA. This approval will be issued in accordance with the conditions,
rules, and procedures determined pursuant to the relevant
resolution of the Director General. Any assignment of the Permit in
contravention of this Article will be deemed null and void.
Cessation of
the Activity
Article (12)
A Centre may
not permanently or temporarily cease the Activity without first obtaining the
relevant approval of the KHDA. This approval will be issued in accordance with
the conditions, rules, and procedures determined pursuant to the relevant
resolution issued by the Director General.
Obligations
of Centres
Article (13)
A Centre
must:
1.
comply with the terms of the Permit;
2.
comply with the legislation in force
in the Emirate;
3.
implement the Curricula and Care and
Education programmes approved by the KHDA;
4.
meet the quality assurance standards
adopted by the KHDA;
5.
raise the awareness of Parents on
all matters related to their children’s rights,
on the Curricula approved by the KHDA, and on any other matters they must be
aware of;
6.
not accept the enrolment of any child
aged below six (6) weeks without first obtaining the relevant approval of the
KHDA;
7.
provide the KHDA with the data,
information, reports, and statistics it requires within the deadlines
prescribed by the KHDA;
8.
not conduct any activity other than
its authorised Activity or implement any Curricula other than those approved by
the KHDA for implementation by the Centre;
9.
not change its name or address, or
any other details stated in the Permit, without first obtaining the relevant
approval of the KHDA;
10.
respect the national identity and sovereignty
of the UAE; and observe the Islamic and Arabic values and norms, the public
order and morals, and the values and traditions of the UAE;
11.
take all actions and
measures required to ensure the safety and protection of children;
12.
meet all health, environmental, and
safety requirements within the premises of the Centre as adopted by the KHDA
and the Concerned Government Entities, including those related to the safety of
the food served to children;
13.
cooperate with the competent
employees and inspectors of the KHDA and enable them to perform their duties;
14.
abide by the conditions and
procedures adopted by the KHDA for the enrolment of children
in Early Childhood stage;
15.
constantly develop the abilities and
skills of the Professional Cadre to guarantee providing high-quality Care and
Education;
16.
not change the Owner, Operator, or
Manager without first obtaining the relevant approval of the KHDA;
17.
not make any change to the
Curriculum without first obtaining the relevant approval of the KHDA;
18.
not change Care and Education Fees
without first obtaining the relevant approval of the KHDA;
19.
not authorise any party other than
the Operator or the Manager to interfere with the Centre's affairs;
20.
create records of the children
enrolled in the Centre, its Professional Cadre, and its finances; maintain
these records for the relevant periods prescribed by the KHDA; and link the
same to the systems of any entities determined by the KHDA and any entities
authorised pursuant to its own legislation to require access to the data and
information in these records;
21.
not construct any building; add any
facility; close down any existing facility; or take lease of any new building
for the purpose of conducting the Activity without first obtaining the relevant
approval of the KHDA and the Concerned Government Entities;
22.
conclude contracts with Parents in
Arabic or English, as the case may be. These contracts must provide for all
rights and obligations of the parties, and must be approved by the KHDA;
23.
not advertise its services in any
manner whatsoever without first obtaining the relevant approval of the KHDA;
24.
safeguard children
and preserve their rights; take all necessary actions to guarantee their
protection; and ensure that they are treated equally and not discriminated
against on the grounds
of gender, race, colour, religion, social class, or health condition or on the
grounds of being Persons with
Disabilities;
25.
enrol children
who are Persons with Disabilities in accordance with the relevant
conditions adopted by the KHDA;
26.
notify the KHDA and the Concerned
Government Entities of any violations or cases of abuse or neglect against the children
enrolled in the Centre;
27.
develop its own website and update
it on a regular basis. This website must contain information on the Centre's
Curriculum, Care and Education Fees, Professional Cadre, development plans, and
children achievements as well as any other information related to the Activity;
28.
play the UAE national anthem and
hoist the UAE flag exclusively;
29.
not display any photographs,
portraits, or icons of any personalities other than UAE leaders;
30.
train and qualify its Professional
Cadre to meet children's health and safety standards; and
31.
perform any other obligations
determined pursuant to the relevant
resolutions of the Director General.
A
Centre 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 be approved by the KHDA in
accordance with the conditions, rules, and procedures it adopts in this
respect.
Operators
Article (15)
a.
The Operator of a
Centre will be in charge of its administrative, financial, technical, academic,
and other affairs.
b.
An Operator must
meet all the conditions adopted by the KHDA, and must be approved by the KHDA.
c.
Where an Owner
wishes to replace the Operator, he must obtain the relevant prior approval of
the KHDA. The KHDA will issue this approval in accordance with the conditions,
rules, and procedures it adopts in this respect.
a.
The duties and responsibilities of a
Manager will be determined pursuant to the relevant rules adopted by the KHDA.
b.
A Manager must satisfy all the
relevant conditions adopted by the KHDA, and his appointment must be approved
by the KHDA.
c.
Where a Centre wishes to replace the
Manager, it must obtain the relevant prior approval of the KHDA. The KHDA will
issue this approval in accordance with the conditions, rules, and procedures it
adopts in this respect.
Professional
Cadres
Article
(17)
In
appointing its Professional Cadre, a Centre must:
1.
appoint a qualified Professional
Cadre in accordance with the relevant conditions, procedures, and requirements
approved by the KHDA and the Concerned Government Entities;
2.
not appoint any Professional Cadre
member without first obtaining the relevant approval of the KHDA;
3.
provide the KHDA with copies of the
employment contracts of the Centre’s Professional Cadre members,
if so requested by the KHDA;
4.
prepare annual plans for development
of its Professional Cadre; and
5.
perform any other obligations
determined pursuant to the relevant
resolutions of the Director General.
Curricula
Article
(18)
a.
The KHDA will approve Curricula in
accordance with the relevant conditions, rules, and manuals it adopts. In this
regard, the KHDA must observe the relevant national and international
standards.
b.
A Centre must abide by the
Curriculum approved by the KHDA, and may not modify this Curriculum without
first obtaining the relevant approval of the KHDA.
c.
A Curriculum must attach great
importance to, and show appreciation for, the UAE national identity and for
Islamic Sharia principles.
d.
The KHDA may approve a request by a
Centre to implement more than one (1) Curriculum. This approval will be issued
in accordance with the conditions, rules, and procedures adopted by the KHDA in
this respect.
Annual
Calendar
Article
(19)
a.
A Centre must abide by the annual
calendar approved by the KHDA.
b.
Notwithstanding the provisions of
paragraph (a) of this Article, a Centre may continue to conduct the Activity
beyond the days specified in the annual calendar, provided that the Centre
obtains the relevant prior approval of the KHDA.
Activities
and Programmes
Article
(20)
a. A Centre
must have the Care and Education activities and programmes and other
programmes, which it intends to implement during each year, approved by the
KHDA. This includes extracurricular programmes.
b. No
Centre may implement any programme other than those referred to in paragraph
(a) of this Article, or modify these programmes, without first obtaining the
relevant approval of the KHDA.
Children's
Affairs
Article
(21)
A
Centre must have, announce, and implement a clear children's
affairs policy which is approved by the KHDA. This policy must:
1.
provide for equality among children
and non-discrimination among them on the
grounds of race, gender, nationality, religion, social class, or health
condition or on the grounds of being Persons with
Disabilities;
2.
ensure that children’s
affairs are administered in a professional manner without discrimination;
3.
comply with the conditions and
procedures adopted by the KHDA in respect of children enrolment and admission,
and the transfer of children among Centres; and with the
procedures and standards for follow-up and service provision; and
4.
provide an Accessible Environment
and programmes that support the special educational needs, and the admission,
of children who are Persons with
Disabilities in accordance with the relevant conditions and rules prescribed by
the KHDA and the Concerned Government Entities.
Children's Safety and Protection
Article (22)
a.
A Centre must have, announce, and
implement a clear children's safety and protection
policy in accordance with the relevant legislation in force. This policy must
be approved by the KHDA.
b.
A Centre will be responsible for the
safety and protection of the children enrolled
therein while they are inside its premises,
facilities, and buses; and during any
activity organised by the Centre outside of its premises.
c.
A Centre must notify the KHDA and
the Concerned Government Entities of any violations or cases of abuse
or neglect against the children
enrolled in the Centre.
Transportation
Article
(23)
a.
A Centre must comply with the
conditions, requirements, and specifications adopted by the Roads and Transport
Authority in respect of the Centre’s Buses and drivers, including the
conditions, requirements, and specifications adopted for transporting children
who are Persons with Disabilities enrolled in the Centre.
b.
A Centre will be fully responsible
for the transportation service provided to children,
and for their safety while using that service.
c.
A Centre may enter
into contract
with any entity to provide transportation services to the children
enrolled in the Centre without prejudice to its responsibility for the children’s
safety and for transporting them from and to its premises.
Professional
Cadre Affairs
Article
(24)
All
employment contracts of the members of Professional Cadres will be governed by
the legislation in force in the Emirate and by the relevant conditions, rules,
and requirements adopted by the KHDA and the Concerned Government Entities,
particularly the qualification and experience requirements for appointment of
these members.
Quality
and Assessment
Article
(25)
a.
Depending on the Curriculum of each
Centre, the KHDA will adopt the quality assurance standards that must be met by
that Centre and the method to be used for assessing its performance.
b.
Centres 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; and to verify the efficiency and quality of their
performance. This includes assessing the suitability of the Centre's buildings
and facilities, performance of the Professional Cadre, quality of the Care and
Education outputs, compliance with health and safety requirements, and any other
relevant matters.
c.
For the purpose of performing the
duties referred to in paragraph (b) of this Article, the KHDA may form
specialised committees and seek assistance from experts and specialists from
among KHDA employees or other persons.
d.
The KHDA will issue a
periodic
assessment report containing the results of the audit and inspection of Centres; and
may publish this report or a summary
thereof in the manner, and using the means, it deems appropriate.
Fees
Article
(26)
In
return for issuing Permits and providing other services
pursuant to this Resolution, the KHDA will
collect the fees determined pursuant to the relevant resolution of the Chairman
of the Executive Council.
Violations
and Administrative Penalties
Article
(27)
a. Without
prejudice to any stricter penalty stipulated in any other resolution, a Person
who commits any of the violations set forth in the Schedule attached to this
Resolution will be punished by the fine indicated opposite that violation.
b. Prior
to imposing a fine in respect of any violation determined pursuant to a
resolution of the Director General, a written warning must be served requiring
the violator to redress and remedy that violation within the time frame
prescribed by the KHDA, failing which the fine will be imposed on him.
c.
Upon repetition of the same
violation within one (1) year from the date of the previous violation, the
amount of the fine set forth in the Schedule attached to this Resolution will
be doubled. A doubled fine must not exceed one hundred and fifty thousand
dirhams (AED 150,000.00).
d.
In addition to the penalty of a fine
prescribed in paragraph (a) of this Article and without prejudice to the
interests of children, the Director General or his
authorised representative may take any of the following measures against a
violating Centre:
Law
Enforcement
Article
(28)
The
KHDA employees 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. For this purpose, they may access Centres and their
facilities; gain access to their registers and records; issue the necessary
violation reports; and, where necessary, seek the assistance of police
personnel.
Grievances
Article
(29)
Any affected party may submit a written grievance to the
Director General against any decision, procedure, or measure 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 (30) 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. A decision dismissing the grievance must be reasoned.
Gifts
and Donations
Article
(30)
Centres
are prohibited from collecting or receiving any Donations, aids, or gifts from
any Person from within or outside of the UAE without first obtaining the
written approval of the KHDA and the Concerned Government Entities.
Payment of Fines
Article (31)
The
fines collected pursuant to this Resolution will be paid to the Public Treasury
of the Government.
Compliance
Article
(32)
All
Persons conducting the Activity in the Emirate by the effective date of this
Resolution must comply with the provisions hereof 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.
Issuing
Implementing Resolutions
Article
(33)
The
Director General will issue the resolutions required for the implementation of
this Resolution. These resolutions will be published in the Official Gazette of
the Government of Dubai.
Repeals
Article
(34)
Any
provision in any other resolution will be repealed to the extent that it
contradicts the provisions of this Resolution.
Publication
and Commencement
Article
(35)
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 25 November 2020
Corresponding
to 10 Rabi al-Thani 1442 A.H.
Schedule
Violations
and Fines Related to Early Childhood Centres
|
SN |
Violation |
Fine (in
dirhams) |
|
1 |
Conducting the Activity without a Permit |
100,000.00 |
|
2 |
Failure to comply with the terms of the Permit |
100,000.00 |
|
3 |
Assigning a Permit to a third party without first
obtaining the relevant approval of the KHDA |
30,000.00 |
|
4 |
Permanently or temporarily cease the Activity without
first obtaining the relevant approval of the KHDA |
30,000.00 |
|
5 |
Failure to implement the Curricula as approved by the KHDA |
20,000.00 |
|
6 |
Offering one or more Curricula that are not approved by
the KHDA for implementation by the Centre |
20,000.00 |
|
7 |
Failure to comply with the quality assurance standards
adopted by the KHDA |
20,000.00 |
|
8 |
Failure to raise the awareness of Parents on all
matters related to their children’s rights, on the Curricula approved for
implementation by the Centre, or on any other matters they must be aware of |
20,000.00 |
|
9 |
Failure to provide the KHDA with the data, information,
reports, or statistics required by the KHDA or its authorised
representatives; or providing them with incomplete, inaccurate, or incorrect
data, information, reports, or statistics |
10,000.00 |
|
10 |
Conducting any activity other than the Centre's
authorised Activity |
30,000.00 |
|
11 |
Changing the Centre's name or address, or any other
details stated in the Permit, without first obtaining the relevant approval
of the KHDA |
30,000.00 |
|
12 |
Compromising, in any manner whatsoever, the national identity
and sovereignty of the UAE; failure to observe the Islamic and Arabic values
and norms or the values and traditions of the UAE; or performing any act that
violates public order or morals |
100,000.00 |
|
13 |
Failure to take the actions and measures required to
ensure the safety and protection of children |
50,000.00 |
|
14 |
Failure to meet all health, environmental, and safety
requirements within the premises of the Centre as adopted by the KHDA and the
Concerned Government Entities |
50,000.00 |
|
15 |
Failure to cooperate with the competent KHDA’s
employees and inspectors or to enable them to perform their duties |
30,000.00 |
|
16 |
Failure to abide by the conditions and procedures
adopted by the KHDA for the enrolment of children |
30,000.00 |
|
17 |
Failure to constantly develop the abilities and skills
of the Professional Cadre to guarantee providing high-quality Care and
Education |
5,000.00 |
|
18 |
Failure to obtain the relevant approval of the KHDA
prior to changing the Owner, Operator, or Manager of a Centre |
50,000.00 |
|
19 |
Failure to obtain the relevant approval of the KHDA
prior to changing Care and Education Fees |
100,000.00 |
|
20 |
Authorising any party other than the Centre's Operator
or Manager to interfere with its affairs |
30,000.00 |
|
21 |
Failure to create records of the children
enrolled in the Centre, its Professional Cadre, and its finances; to maintain
these records for the relevant periods prescribed by the KHDA, or to link the
same to the systems of any entities determined by the KHDA or any entities
authorised pursuant to its own legislation to require access to the data and
information in these records |
10,000.00 |
|
22 |
Constructing any building; adding any facility; closing
down any existing facility; or taking lease of any new building for the
purpose of conducting the Activity without first obtaining the relevant
approval of the KHDA and the Concerned Government Entities |
50,000.00 |
|
23 |
Failure to conclude with Parents contracts, in Arabic
or English, as the case may be, which provide for all rights and obligations
of the parties; or failure to get these contracts approved by the KHDA |
20,000.00 |
|
24 |
Advertising the Centre's services in any manner
whatsoever without first obtaining the relevant approval of the KHDA |
5,000.00 |
|
25 |
Failure to ensure that children
are treated equally and not discriminated against on the grounds of gender, race, colour,
religion, social class, nationality, or health condition or on the grounds of
being Persons
with Disabilities; |
5,000.00 |
|
26 |
Failure to notify the KHDA or the Concerned Government
Entities of any violations or cases of abuse
or neglect against the children
enrolled in the Centre |
50,000.00 |
|
27 |
Failure to develop a website for the Centre which
contains information on the Centre's Curriculum, Care and Education Fees,
Professional Cadre, development plans, and children achievements as well as
any other information related to the Activity |
10,000.00 |
|
28 |
Failure to play the UAE national anthem or hoist the
UAE flag, or hoisting the flag of any other country |
30,000.00 |
|
29 |
Displaying the photographs, portraits, or icons of any personalities
other than UAE leaders |
30,000.00 |
|
30 |
Appointing any Professional Cadre member without first
obtaining the relevant approval of the KHDA |
30,000.00 |
|
31 |
Failure to comply with the annual calendar approved by
the KHDA |
30,000.00 |
|
32 |
Failure to obtain the relevant approval of the KHDA
prior to admitting a child
to the Centre |
50,000.00 (per child) |
|
33 |
Conducting
any programme or activity other than those approved by the KHDA
for implementation by the Centre |
30,000.00 |
© 2020
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.