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GÜNEŞ & GÜNEŞ LAW FIRM

Education and Private Schooling

Legal support for educational institutions, founders, investors, students, parents and employees.

Establishment and permits, student–parent contracts, fees and refunds, employee relations. Legal assessment based on the institution’s public or private status.

Based in Antalya · Serving all of Türkiye

Modern education campus surrounded by trees, with classrooms, a library and students walking.

LEGAL SUPPORT AT EVERY STAGE OF EDUCATION

From the institution’s structure to students’ rights

The establishment, day-to-day operation and growth of an educational institution require permits, use of premises, staff, enrollment contracts and student data to be assessed together. These relationships may appear independent of one another, yet within the same academic calendar they can directly affect the institution’s activities and students’ education.

Güneş & Güneş Law Firm addresses the legal needs of educational institutions, founders, investors, students, parents and employees according to the applicant’s position. Based in Antalya and working on matters throughout Türkiye, we define the scope of advice and representation by determining the institution’s status, the type of transaction and the time limits.

Private education institutions

For private schools, courses, special education and rehabilitation centers, Law No. 5580 on Private Educational Institutions and the rules specific to the type of institution are the basis. Preschools, nurseries and other child care or activity services are not considered subject to the same permit regime.

Public institutions

Public school procedures, student decisions and public personnel relations are assessed under the relevant rules of public law. Solutions concerning private school enrollment contracts do not apply to these procedures automatically.

Higher education

At state and foundation higher education institutions, Law No. 2547 on Higher Education and related regulations are reviewed separately. The competent authority for academic procedures, tuition fees and personnel disputes is not determined solely by looking at the institution’s name.

OUR LEGAL PRACTICE AREAS

Matters we address together in the education sector

From the decision to establish to the enrollment period, and from employment relations to the resolution of disputes, a scope of work set by the needs of each file.

Establishment and operating permits

The founder’s and founder’s representative’s qualifications, the institution opening permit, business license, program approval and staff documents are reviewed together. The institution type, place of operation and application timeline are clarified; the application options against deficiency notices and rejection decisions are assessed. The fact that a company has been incorporated does not, by itself, grant authority to start educational activity or enroll students.

Administrative Law and Courts

Campus, premises and lease relationships

Before a lease or purchase, the use of the property for educational purposes, its suitability for permits, delivery obligations and responsibility for alterations are assessed. Technical reports on capacity, accessibility, fire and structural safety are prepared by authorized experts. Legal work covers the consistency between these reports and the contract and permit conditions, as well as the risks of eviction and investment cost if the activity ends.

Real Estate Law

Institution transfers and brand licenses

Share transfer, institution transfer, change of founder and opening a branch are not the same transaction. The shareholding structure, existing permits, past obligations and the institution’s contracts are reviewed. Where an education brand is used, the licensor’s qualifications under the regulations, the institution type, quality obligations and permit documents are also assessed separately. Signing a brand agreement does not replace administrative transfer or opening procedures.

Company Law

Student and parent contracts

An enrollment contract must clearly state the scope of services, academic year, program, fee items, payment plan and termination conditions. The person signing the contract, the payer and the student’s legal representative are determined separately. The institution’s announcements and the commitments it makes in promotion are compared with the contract; unfair terms, additional services and the conditions for continuing a scholarship are reviewed.

Contract Law

Fees, additional services and scholarships

The announcement, collection and increase of fees are assessed according to the institution type, grade level and whether the student is new or continuing. Tuition is separated from meals, transport, books and stationery, and other services. At schools subject to Ministry of National Education (MEB) regulations, the ban on charging fees under the name of textbooks and the status of optional services are also taken into account. Scholarship, discount and free-tuition obligations are not confused with one another.

Consumer Law

Enrollment cancellation and fee refunds

The date of departure, whether teaching has started, fee calculation on an annual or lesson-hour basis, the contract and the services actually provided all affect the refund calculation. Statutory deductions and full-refund exceptions are reviewed according to the specific situation. A transfer, the closure of the institution or the non-delivery of promised services does not lead to the same result; the application, payment records and the institution’s response are assessed together.

Consumer Law

Teachers and other staff

Contracts, work permits, assignments and personnel file matters appropriate to the duties of teachers, managers and other staff are addressed. The special provisions for education personnel under Law No. 5580, the employment relations of other employees, and the status of public or academic staff are distinguished. Wages, extra lesson hours, renewal, termination, receivables and compensation claims are assessed within this framework; for foreign staff, the relevant permits are reviewed separately.

Employment Law

Student and academic procedures

In decisions on enrollment, transfer, discipline, examinations and graduation, the institution that makes the decision, the reasons for the decision and the applicable legislation are identified. The right of defense, notification of the decision, the route of appeal and time limits are assessed. At state and foundation universities, academic procedures and claims concerning fees or contracts are not reduced to the same application. The scope of judicial review is explained by reference to the specific decision in the file.

Administrative Law and Courts

Inspections and administrative sanctions

Inspection reports, deficiency notices, requests for a defense, fines and permit cancellations are examined as separate procedures. The alleged act, the date of service, prior sanctions and the applicable transitional provisions are determined. For procedures affecting the institution’s activity and student continuity, the appropriate application routes and available interim legal protection are assessed; the competent authority is identified according to the nature of the sanction.

Administrative Law and Courts

Student data and privacy

For student, parent and staff records, the processing purpose, legal basis, access authority and retention period are determined. Health and guidance information, photographs, and camera and audio recordings are reviewed separately. Privacy notices and explicit consent are not used as substitutes for one another. Education regulation prohibitions on using student images in advertising are also observed even where consent has been obtained; transfers to digital platforms and abroad are assessed.

Personal Data Protection and KVKK

Digital education, content and licenses

Usage rights, license limits and service continuity are regulated for distance education platforms, software subscriptions, and publications and course content. Content prepared by a teacher, course recordings and materials belonging to third parties are assessed separately. It is not assumed that online delivery removes permit obligations, or that every certificate has official recognition; the nature of the program and the rules of the competent institution are the basis.

Intellectual Property

Procurement, transport and student safety

In food, transport, security, cleaning, boarding and event contracts, duties, supervision, insurance and notification obligations are determined. Where a student is harmed, the liability of the institution and of the service provider is examined through incident records, the duty of supervision and the causal link. Outsourcing a service does not automatically remove the institution’s responsibility.

Compensation Law

FROM ESTABLISHMENT TO DAY-TO-DAY OPERATIONS

Legal planning aligned with the education calendar

Considering permit, contract and operational decisions on the same timeline helps identify early the disputes that may arise during the enrollment period.
  1. Pre-investment review

    The institution type, founder structure, the usability of the campus, the brand relationship and the permit conditions are determined. Purchase or lease commitments are assessed in a way that also addresses the possibility that the required approvals cannot be obtained.

  2. Opening and enrollment period

    Personnel procedures, institutional documents, announced fees and enrollment contracts are compared. A practical checklist is prepared for scholarships, additional services, the payment process, student data and supply relationships.

  3. Changes and termination

    Institution transfers, relocation, program or capacity changes, and notification and permit obligations at closure are reviewed. Student continuity, refunds, employees, the transfer of records and existing contracts are planned together.

DISPUTES AND ROUTES OF APPEAL

The right claim, the right forum and the right time limit

A claim for a fee refund and a request to annul a disciplinary decision may be subject to different legal routes. For disputes of a consumer transaction nature, the value and subject of the claim, the Consumer Arbitration Committee (Tüketici Hakem Heyeti), the court, and whether mediation as a condition precedent to litigation applies are reviewed. The institution’s commercial contracts and labor claims are assessed separately.

For an appeal against an administrative act, specific regulations and the date of service are the basis. Not every complaint filed with the MEB or another institution results in a refund or suspends the time limit for a judicial appeal. The legal nature of the application, its effect on time limits and, where necessary, a request for interim legal protection are determined case by case.

  • The status of the institution and of the applicant
  • The nature and monetary value of the claim
  • Dates of decision, notification and service
  • Contract, fee announcement and payment records

REGULAR LEGAL ADVISORY FOR INSTITUTIONS

An up-to-date legal framework for every academic term

Legal support is not limited to the establishment or litigation stage. For institutions that continue to operate, enrollment renewal, fee announcements, staff contracts, suppliers, data processing and inspection preparation may be reviewed periodically.

Within the scope of the engagement, responsible persons, document flows and notification dates are defined, and the differences between the contracts the institution uses and its daily practice are identified. When a new branch, digital platform or brand relationship arises, the existing legal structure is reassessed.

Request a consultation for your institution’s needs

OUR APPROACH

From the initial review to a follow-up plan

  1. We identify your position and needs

    We learn the institution type, the applicant’s capacity, the counterparties and the upcoming dates. Before accepting a matter, we run a conflict-of-interest check.

  2. We review the documents together

    We examine the relationship between permits and decisions, contracts, fee announcements, payment documents and correspondence. We identify missing documents and matters that need clarification.

  3. We explain the options and their scope

    We assess advice, negotiation, application or litigation options together with time limits, costs and file-specific risks. The scope of the services and the fee terms are agreed separately.

  4. We plan the process and communication

    A timeline, responsibilities and a reporting arrangement are set up for the work undertaken. As new decisions and documents arrive, the legal assessment is updated.

PREPARING FOR A CONSULTATION

What information is needed for an initial assessment?

A short summary of events and the core documents make it easier to understand your needs and any time pressure. You do not need to send the entire student or staff archive with your initial application.
  • The name and type of the institution, the relevant academic year, the applicant’s relationship with the institution, and the counterparty’s details.
  • If available, the opening or transfer permit, the inspection report, the administrative decision and the document showing its notification.
  • The enrollment contract, fee announcement, scholarship or discount conditions, invoices and payment records.
  • In a staff dispute, the duty, contract, permit or assignment document and the related notices.
  • The refund or objection application, the institution’s response, and basic correspondence in chronological order.

FREQUENTLY ASKED QUESTIONS

What people ask about in the education sector

Are all private educational institutions subject to the same permits?

No. Private schools, courses, special education and rehabilitation centers, and care or activity services are assessed according to the type of institution. Having “education” in an organization’s name does not by itself determine the permit regime. First the service actually to be provided and the target age group are reviewed, then the competent administration and the necessary permits.

Is the same route followed for disputes involving a public school and a foundation university?

The same route is not followed in every case. Besides the institution’s status, it matters whether the dispute concerns an academic procedure, a personnel relationship, fees or a contract. Higher education institutions are not directly subject to the private school rules under Law No. 5580. The decision-making authority, the claim and the relevant regulation are assessed together.

Is it enough to buy an education company or use its brand?

No. Share transfer, change of founder, institution transfer and brand licensing are separate transactions. Alongside the commercial contract, the changes to be made to the permit document, the qualifications of the founder and the licensor, and notification obligations are reviewed. An existing business license is not accepted as automatically sufficient for a new structure or activity.

Is a single fee increase rate applied to private school fees?

No. At schools subject to MEB regulations, there are different calculation principles for continuing students, intermediate grades and the start of a school level, as well as for tuition and other service fees. The fee announcement, the previous contract and the scholarship or discount conditions are checked together. No result is given on the basis of a single rate without knowing the institution type and the academic year.

Can I get back the full amount I paid if I cancel an enrollment?

The result depends on the reason for leaving and on timing. For refunds under the MEB Regulation on Private Educational Institutions, calculation on an annual or lesson-hour basis, whether teaching has started, and special exceptions are important. For example, where enrollment in the 9th grade of public schools that admit students through an exam before the academic year begins is documented, a full-refund rule exists. Requests on other grounds are reviewed separately.

Will a complaint to the MEB be enough for me to get a fee refund?

An administrative inspection application and the resolution of a monetary claim can be separate processes. For a refund, the appropriate legal route is determined separately on the basis of the contract, payment and application documents. Do not rely on a complaint having been filed and let other application or lawsuit time limits expire; its effect on time limits is checked against the relevant regulation.

Are the contracts of private school teachers and other staff assessed in the same way?

No. Special provisions on contracts and work permits apply to managers and education staff under Law No. 5580. The duties and employment relations of other employees are reviewed separately. The status of public personnel and of staff at state or foundation higher education institutions also requires separate assessment; a single contract template is not applied to all employees.

Does parental consent allow a student’s photo to be used everywhere?

No. Explicit consent, even where its purpose and scope are defined, does not remove the advertising prohibitions in education legislation. Enrollment, the record of activity within the institution and public promotion are assessed separately. A privacy notice must also be provided separately; a promotional consent must not be made a condition of the educational service where it is not necessary.

Can student, parent and staff data be managed under the same text?

Being in the same institution does not mean their processing purposes and legal grounds are the same. Student enrollment, the personnel file, health or guidance information and camera recordings are assessed separately. A legal ground for video recording does not automatically justify audio recording as well. Privacy notices and security measures appropriate to the data flow are required.

Do you represent the institution and a student or parent together in the same dispute?

Before accepting a matter, the parties and any conflicts of interest are checked. We do not undertake joint representation in the same dispute of parties whose interests conflict. Identifying the institution and the opposing parties in the initial application is therefore important. The scope of advice, the party represented and the communication arrangement are clearly defined at the outset.

RELATED LEGAL SERVICES

Explore the specific legal dimensions of the subject

Service pages you can consult based on your needs in the education sector.

CONSULTATION REQUEST

Share your legal needs in education

Please tell us briefly about the type of institution, your relationship with it, and your matter. If there is an upcoming enrollment, payment, defense or application date, state it in your first communication. We will respond to your request within 48 hours.

The scope of the consultation and, where applicable, its fee are communicated before your appointment is confirmed. The information you provide is used only to assess your legal need and to carry out the related communication.

Contact via WhatsApp (opens in a new tab)info@gunesgunes.com

A consultation request does not by itself mean that an attorney–client relationship has been established or that a matter has been accepted, and it does not suspend application or litigation time limits. Acceptance of a matter is completed once conflict-of-interest checks have been carried out and the service terms have been separately determined.