Education Law

The matters we handle within the framework of the Higher Education Law No. 2547, the Private Educational Institutions Law No. 5580 and the relevant legislation:

• Student rights and enrolment, de-registration and leave procedures
• Disciplinary investigations in higher education
• Objections to disciplinary penalties and annulment actions
• Appointment, promotion and extension of the term of office of academic staff
• Disputes concerning associate and full professorship applications
• Disciplinary and personnel matters concerning academic staff
• Remedies against examination, grading and assessment decisions
• Thesis procedures and proceedings concerning plagiarism allegations
• Diploma equivalence and applications to the higher education authority
• Annulment actions against acts of universities and the higher education authority
• Opening and operating permits of private schools and educational institutions
• Education contracts, refund of fees and scholarship disputes
• Discrimination in education and the rights of students with disabilities

In our work in this field, the Higher Education Law No. 2547, the Private Educational Institutions Law No. 5580, the national education legislation and the provisions of consumer law, employment law and personal data protection legislation are taken into account. Each matter is assessed with regard to the authority that took the decision, the date of notification, whether an internal application remedy exists, the documents on which the decision is based and the authority before which an application must be made.

For students and parents, we provide legal support in enrolment, re-enrolment, de-registration and transfer procedures, student disciplinary investigations and penalties, and disputes concerning examinations, grades, placement, horizontal transfer and graduation. Diploma equivalence and applications to the higher education authority also fall within this scope.

For academic and administrative staff, we handle academic vacancy announcements, appointment, promotion, reappointment and extension of the term of office, associate and full professorship processes, jury assessments, and disciplinary and personnel matters. Since the legal status of staff and the competent jurisdiction may differ between state and foundation universities, the contract, the vacancy announcement, the appointment decision and the acting authority are examined together.

For private schools, courses, distance education institutions and special education centres, we review opening and workplace permits, institution transfers and changes of founder representative, the opening of branches and relocation, changes of programme, quota and institution type, staff assignments, Ministry of National Education inspections, and administrative sanctions including the suspension of activity or closure.

We also prepare and review enrolment and education contracts, scholarship and discount terms, teacher and education staff contracts, and arrangements concerning distance education materials and intellectual property rights. Personal data processes in educational institutions, including information notices, photograph and video consents, camera systems, student information systems and online course platforms, are assessed separately, with particular attention to data relating to children.

Among the disputes most frequently encountered in practice in education law are enrolment cancellation and fee refund disputes. Under the Ministry of National Education Regulation on Private Educational Institutions, the refund is calculated by reference to the type of institution, whether the fee is set annually or per course hour, the date of departure and the services used, and is required to be made within one month of departure at the latest. Services such as transport, meals, books and digital content, as well as payments made by promissory note, credit card or instalments, are examined separately.

In student disciplinary proceedings, the competence of the authority, the clarity of the allegation, whether sufficient time was given for the defence, the lawfulness of the evidence, the assessment of witnesses and camera recordings, and the proportionality of the sanction are examined. Incidents such as peer bullying, violence, threats or harassment may also have consequences under criminal law, personality rights and personal data protection, and the institution's duty to protect the victim must be weighed together with the accused student's right of defence.

In examination, grading and placement disputes, it is not sufficient merely to argue that the result is wrong; the specific question, calculation, jury assessment or procedural act alleged to be unlawful must be identified through the examination paper, answer key, jury minutes, assessment criteria and electronic records. Judicial review does not substitute a new grade for that of the academic board, but examines the act in terms of competence, procedure, reasoning, equality and proportionality.

Allegations of person-specific vacancy announcements, irregularly composed juries, unexplained assessments or the unequal application of criteria in academic appointments are also frequently encountered. In private institutions, disputes concerning termination, wages, overtime, mobbing, reinstatement and compensation, the ownership of teaching materials, and the withholding of official documents on account of unpaid fees arise regularly.

The education law process begins with the determination of the nature of the act and the legal relationship, since the correct remedy differs depending on whether the dispute arises from a private school contract, a university decision, a personnel act or an administrative sanction. The dates of notification, knowledge and application are checked, and whether an internal objection or mandatory application remedy exists is researched.

The contracts, minutes, examination or disciplinary files and electronic records are then examined, and the competent administrative or judicial authority is identified. Obtaining a copy of the examination or disciplinary file and recording the date of notification or announcement are important in order to avoid any loss of rights.

Where the act affects a student's progression, enrolment or graduation, the internal objection and litigation periods are determined without delay, and where a decision at the end of the proceedings risks being ineffective, a request for a stay of execution or an interim measure is assessed separately. In fee and contractual disputes, formal notice, the consumer arbitration committee, mediation, litigation or enforcement proceedings are pursued where necessary.

For educational institutions, a preventive review of enrolment contracts, staff relationships, personal data processes and permit files may prevent more serious operational risks. Responses to inspection reports are prepared by considering the permit file, personnel records, student contracts and actual practice together.

The aim is to determine a practicable course that takes into account the academic calendar, the state of the evidence and the actual effect of the act on the student or institution. The legal and economic consequences of the claim are clearly explained, and the client is regularly informed about the stages of the process, the possible risks and the legal remedies that may be pursued.