Federal Decree-Law no. 3 dated 30/07/2007

Federal Decree-Law no. 10 dated 04/09/2023

In application of the provisions of this Decree-Law, the following words and expressions shall have the meanings stated beside them, unless the context requires otherwise:

State: The United Arab Emirates.

Ministry: Ministry of Education.

Minister: Minister of Education.

Educational Entity: Local government entity in the State concerned with Private Education affairs, each within the limits of its competence.

Private Education: Education in Private Schools.

Private School: Any non-governmental educational establishment in the country that provides educational services from pre-primary education to pre-higher education, and it may be profit or non-profit.

Non-profit Private School: A Private School in the State that does not aim to distribute profits to its owners, and all financial revenues are invested in the operation and development of the school.

Educational Fees: The amount that the Private School charges for each student registered with it in exchange for all the educational services and activities it provides.

Licence: The document issued by the Ministry or Educational Entity to the Private School, according to which it is authorised to practice the Educational Activity.

Concerned Entities: The official entities concerned with any matter related to the Private School, each within the limits of its competence.

Teacher: Member of the faculty at the Private School.

Private School Principal: The person appointed by the Private School Licence holder and responsible for the academic, administrative, financial and operational aspects related to the leadership and management of the school according to the approved procedures and regulations.

Curriculum: The educational system that the Private School teaches according to the Licence granted to it.

Educational Chains: An integrated package of printed supporting educational courses and resources that meet the approved learning standards and outcomes.

Educational Activity: Educational services provided by the Private School to its students from the pre-primary phase to pre-higher education phase according to the Curriculum.

Field Visit: The visits or trips that the Private School organises for all or some students inside or outside the country.

Disabled Persons “People of Determination”: People who suffer from permanent or temporary, total or partial deficiency or impairment in their physical, sensory, mental, communicative, educational or psychological capabilities, to the extent that limits the ability to meet their normal requirements as their non-disabled counterparts.

Public School: School owned by the Government applying the Ministry’s Curriculum.

Agency: The Federal Agency for Early Education established by virtue of Federal Decree-Law no. (43) of 2022 on the establishment of the Federal Agency for Early Education.

Centre: The National Centre for Education Quality established by virtue of Federal Decree-Law no. (44) of 2022 on the establishment of the National Centre for Education Quality.

Early Education Stage: The education stage that starts since a child reaches 4 years old and continues up to 10 years old.

This Decree-Law aims to:

1- Organise the educational process in the Private Schools.

2- Raise the quality of education and improve the educational environment in the Private Schools.

3- Attract the best investments in Private Education.

4- Ensure the application of the best international educational practices in Private Education, and link its outputs to societal, economic and technical changes in the State.

5- Organise education, follow up the implementation of quality standards, and improve the level of performance and outputs in Private Schools.

6- Stimulate competition between Private Schools in providing distinguished educational services of international quality.

The provisions of this Decree-Law shall apply to Private Schools in the State.

The Ministry shall implement the provisions of this Decree-Law, and the Educational Entity shall implement it within the limits of its competencies.

1- It is prohibited for any physical or legal person to operate any Private School without the relevant Licence.

2- The Ministry or the Educational Entity shall license the Private Schools that have the Early Education Stage among their education stages.

3- The Agency or the Educational Entity shall license the Private Schools that are restricted to the Early Education Stage.

4- For the purpose of licensing the Private Schools mentioned in Clauses (2) and (3) of this Article, the Ministry and the Education Entity shall take into consideration all the controls, standards and requirements set by the Agency, including the educational, administrative, health and environmental requirements, in addition to the safety and security requirements related to buildings, transportation means and any materials used in the manufacturing of tools, furniture, toys and equipment related to the services of care and education of children.

Every Private School shall have a name that distinguishes it according to the conditions and rules specified by the Implementing Regulation of this Decree-Law.

The following is required for the licensing:

1- Submit an application to obtain a Licence from the Ministry or Educational Entity, including academic and financial studies.

2- Its work shall be limited to the exercise of educational activities.

3- Obtaining the necessary approvals from the concerned Concerned Entities.

4- The location and building of the Private School shall be in accordance with the standards and requirements specified by the Implementing Regulation of this Decree-Law.

5- Appointing a Private School Principal.

6- Any other conditions specified by the Implementing Regulation of this Decree-Law.

If the Licence applicant is a physical person, the following requirements shall be met:

1- His age shall not be less than (25) twenty-five Gregorian years.

2- He shall have the full civil capacity.

3- He shall not be convicted of a freedom-restricting penalty or a felony or misdemeanour involving moral turpitude or dishonesty, unless he was rehabilitated.

4- He shall have the necessary official permits.

5- He shall be able to meet the financial obligations of the Private School, in accordance with the Implementing Regulation of this Decree-Law.

6- Any other conditions specified by the Implementing Regulation of this Decree-Law.

If the Licence applicant is a legal person, the following requirements shall be met:

1- It shall be licensed by the Concerned Entities, and have among the purposes of its incorporation the establishment and management of Private Schools.

2- It shall be able to meet the financial obligations of the Private School, in accordance with the Implementing Regulation of this Decree-Law.

3- All partners shall meet the conditions stated in Clauses (1, 2, 3 and 4) of Article (8) of this Decree-Law.

4- It shall have a physical person as its representative, subject to the conditions set forth in Clauses (1, 2, 3 and 4) of Article (8) of this Decree-Law.

5- Any other conditions specified by the Implementing Regulation of this Decree-Law.

The Licence shall not be assigned explicitly or implicitly except after the approval of the Ministry or Educational Entity. The Implementing Regulation of this Decree-Law shall specify the procedures and conditions for assigning the Licence.

The Educational Entity shall provide the Ministry with all the Licences issued to Private Schools.

The Educational Entity shall provide the Agency with all the Licences issued to the Private Schools that solely has the Early Education Stage.

The Ministry and the Educational Entity shall provide the Agency with all Licences issued to the Private Schools that include the Early Education Stage among its educational stages.

The Educational Entity shall take into consideration the controls related to electronic linkage concerning the exchange of the data of the Licences issued by the Ministry and the Agency, as determined in the Implementing Regulation of this Decree-Law.

The Private Schools shall abide by the following:

1- Appoint qualified Teachers and administrative and technical staff in accordance with the controls determined in the Implementing Regulation of this Decree-Law.

2- The school staff and leaders shall obtain professional licences according to the controls determined in the Implementing Regulation of this Decree-Law.

3- All workers shall have a good reputation and shall not be previously convicted of a felony or a misdemeanour involving moral turpitude unless rehabilitated.

4- Provide all the educational, academic, administrative, health and environmental requirements as well as the security and safety requirements at the schools.

5- Manage the Private School and its facilities in accordance with the instructions and guidelines specified in the Implementing Regulation of this Decree-Law.

6- Maintain the academic quality in accordance with the standards and requirements specified in the Implementing Regulation of this Decree-Law.

7- Abide by the provisions of the national framework that is approved in terms of compliance and the national framework that is approved in terms of education quality.

8- Submit an annual report to the Ministry or the Educational Entity on the academic, financial and administrative status.

9- Provide any information or data requested by the Ministry, the Agency, the Centre or the Educational Entity.

10- Allow the employees of the Ministry, Agency, Centre or Educational Entity, who are authorised to enter to the Private School, to assume the duties of auditing, assessment and control for its facilities and functions, by having access to the records, documents and papers.

11- Not to change the name, address, partners, buildings, facilities, or educational programs of the Private School, and not to make any fundamental change to its activities before obtaining the approval of the Ministry, the Agency or the Educational Entity.

12- Not use the Private School and its facilities for purposes other than those for which it was licensed, and not carry out any other additional activities or training courses that are not authorised unless upon obtaining the consent of the Ministry, the Agency or the Educational Entity.

13- Obtain the prior consent of the Ministry, Agency or Educational Entity before organising any Field Visits or official visits to the school or inviting external speakers to it.

14- Establish records and files for the students and workers, in accordance with the Implementing Regulation of this Decree-Law.

15- Preserve the Islamic and Arab principles and values, as well as public morals and the values, and traditions of the State.

16- Respect the national identity and sovereignty.

17- Play the national anthem and raise the flag of the State without any other flag.

18- Not to place any pictures or paintings for personalities or figures other than the State's leaders.

19- Not to organise any conferences or seminars that are not related to the educational process.

20- Any other obligations determined by the Ministry, Agency or Educational Entity under the decisions issued thereby.

Pursuant to this Decree-Law, Non-profit Private Schools may be established, according to what is specified by the Implementing Regulation of this Decree-law.

1- The Ministry or Educational Entity shall approve Educational Fees when granting a Private School a Licence in accordance with the rules specified by the Implementing Regulation of this Decree-law.

2- The Private School shall not increase or change the Educational Fees or impose any additional fees on its activities without obtaining the consent of the Ministry or Educational Entity.

1- Upon licensing a Private School, it shall be authorised to apply one educational Curriculum solely, and another curriculum may be added after obtaining the consent of the Ministry, the Agency or the Educational Entity.

2- The Ministry or the Educational Entity shall approve the educational curricula of the Private Schools that have the Early Education Stage among its educational stages.

3- The Ministry or the Educational Entity shall approve the educational curricula of the Private Schools that solely have the Early Education Stage.

4- The Ministry and the Educational Entity shall take into consideration the standards and requirements set by the Agency for the purposes of approval of the educational curricula for the Early Education Stage.

5- The Private School shall not apply any educational curriculum that is inconsistent with the scope of the Licence, unless after obtaining the approval of the Ministry, the Agency or the Educational Entity.

6- The Private School that applies the curriculum of the Ministry shall abide by the regulations and standards applied to the public school.

7- The Private School that applies an educational Curriculum other than that of the Ministry shall include the following courses approved by the Ministry in its Curriculum: Islamic education, Arabic language, social studies, national education and moral education. In all cases, the curricula may not include any violation of the State’s laws, or the society’s culture, Islamic and social values, and national constants, and they may not include any matter that results in violence or racism, or that causes discord and strife among the community’s members.

8- The Private School shall abide by the instructions and directions issued by the Ministry, Agency or Educational Entity, concerning the educational sequences and other educational sources.

9- The Private School shall obtain accreditation from specialised international councils in order to get the approval on the education curricula thereof, in accordance with the Implementing Regulation of this Decree-law.

1- All Private Schools shall apply the school calendar approved by the Cabinet upon the recommendation of the Minister and in coordination with the Educational Entity.

2- Students' attendance at a Private School is in the morning only, except in cases that require otherwise, according to a decision issued by the Ministry or Educational Entity.

3- All Private Schools shall adhere to the official holidays declared by the State.

1- The Private School that applies the Ministry Curriculum shall be bound by the regulations of evaluations and exams applied to the Public School.

2- The Private School that adopts an educational Curriculum other than that of the Ministry is obligated to obtain prior approval from the Ministry or Educational Entity to implement evaluation and exams procedures and systems.

3- The Private School shall adhere to applying standard and diagnostic tests, as well as national and international tests imposed by the Ministry or Educational Entity.

1- The academic certificates issued by the Private School that applies the Ministry's Curriculum are equivalent to the academic certificates issued by the Public School, and they shall be certified according to the procedures specified by the Ministry in this regard.

2- Equivalence and certification of academic certificates issued by a Private School that applies a Curriculum other than that of the Ministry shall be done in accordance with the procedures specified in the Implementing Regulation of this Decree-law and in accordance with the legislation in force in the State.

The Private School shall have a clear and declared policy for student affairs, taking into account the following in this policy:

1- Equality between students and non-discrimination because of race, gender, nationality, doctrine or social status, or other matters that raise discrimination.

2- Dealing with the students and their parents professionally and without bias.

3- Adhering to the conditions and procedures specified by the Implementing Regulation of this Decree-Law with regard to enrollment, admission and transfer of students between different Private Schools, as well as the procedures and standards for follow-up and service provision.

4- Providing non-handicapping environment and programmes that support special educational needs for the acceptance of students with disabilities "People of Determination", in accordance with the conditions and rules specified by the Implementing Regulation of this Decree-law, and the rules determined by the Concerned Entities.

5- Any other provisions and rules related to the organisation of students affairs determined by the Implementing Regulation of this Decree-law.

The Private School shall:

1- Prepare an integrated programme for school activities, student counseling, health, social and psychological care, in accordance with the rules determined by the Implementing Regulation of this Decree-law.

2- Adhere to the activities and events decided by the Ministry or Educational Entity.

3- Obtain prior approvals from the Ministry or Educational Entity for events and celebrations in accordance with the rules specified by the Implementing Regulation of this Decree-law.

1- The Private School shall adhere to the security and safety policy set by the Ministry or Educational Entity.

2- The Private School shall comply with the requirements related to school transportation in accordance with the legislation in force in this regard.

3- The Private School shall be liable for the safety and protection of the students throughout the academic day inside the school and in its facilities and buses, or during any students’ activity outside the Private School.

1- The Private School shall abide by the unified code of conduct issued by the Ministry and Educational Entities.

2- Taking in consideration the provisions of Clause (1) of this Article, the Private School may set additional internal rules and procedures of its own regarding conduct discipline, provided that they are approved by the Ministry or Educational Entity and in a manner that does not conflict with the unified code of conduct issued by the Ministry and Educational Entities.

1- The workers in the Private School shall be subject to the legislation in force at the State.

2- The Private School shall create a special file for each of its workers, enclosing his educational qualifications, certificate of experience, employment contract, copy of passport, and annual reports, which include performance evaluation reports, the violations committed, penalties imposed on him, his annual leave, and any other documents specified by the Implementing Regulation of this Decree-Law.

3- The Private School shall abide by the procedures, instructions, conditions and standards related to the appointment of workers in accordance with the rules specified by the Implementing Regulation of this Decree-law.

4- The service of the Private School Principal or any of the Teachers therein shall not be terminated during the academic semester without the prior approval of the Ministry or Educational Entity.

5- Any other provisions or rules related to the organisation of workers’ affairs shall be determined by the Implementing Regulation of this Decree-law.

1- In order to appoint a Teacher or renew his employment contract in a Private School, he shall have a valid Teacher’s license issued by the Ministry in accordance with what is specified by the Implementing Regulation of this Decree-law.

2- In appointing members of the educational staff, the Private School shall be bound by the conditions and requirements specified by the Implementing Regulation of this Decree-Law.

The Ministry shall prepare an ethics document for the teaching profession in the Private School, and according to which it specifies the rules, values and responsibilities that all employees of the Private School, including Teachers, adhere to.

1- The Ministry or the Educational shall control the extent of compliance of the Private Schools that have the Early Education Stage among the education stages thereof, according to the national framework approved for compliance.

2- The Agency or the Educational Entity shall control the extent of compliance of the Private Schools that exclusively have the Early Education Stage, according to the national framework approved for compliance.

1- The Centre shall set a national framework for the assessment of the education quality, including unified standards and controls for the assessment of the performance of the Private Schools, in coordination with the Ministry, Agency and Educational Entity.

2- The Centre or the Educational Entity shall assess and control the education quality at Private Schools, as per the national framework for education quality assessment.

3- The Educational Entity shall provide the Centre with the results of the assessment of the education at Private Schools.

4- The Centre shall issue an annual report about the results of the assessment of the education quality at Private Schools, and shall publish such report and make it available on the database of the Centre.

1- The Private School is prohibited from doing any of the following, without obtaining the written consent from the Ministry or Educational Entity:

a- Collecting donations or receiving aid or donations from physical or legal persons, or disposing of any of them, whether from inside or outside the State.

b- Providing material support to any entity, whether inside or outside the State.

2- In case of obtaining the consent of Educational Entities according to Clause (1) of this Article, concerned Private Schools shall coordinate with official and accredited entities to collect donations in the State.

1- The Ministry or Educational Entity may impose any of the following penalties on the Private School in case of violating the provisions of this Decree-Law or its Implementing Regulation:

a- Warning.

b- Fine exceeding (1,000,000) one million Dirhams per one case.

c- Temporary closure or suspension of Educational Activity for a period not exceeding one academic year.

d- Final closure.

2- The Implementing Regulation of this Decree-Law shall determine the violations and penalties imposed and set forth in Clause (1) of this Article, as well as the rules of imposition of such penalties.

3- Without prejudice to the penalties stipulated in this Article, the Ministry or the Educational Entity shall have the right to close the Private School permanently and immediately in the event that it commits acts contrary to public order or public morals, or is harmful to public security in the State, or breaches the requirements of security, health and safety.

4- Grievances may be made against the decisions issued regarding the penalties stipulated in Clause (1) of this Article in accordance with the Implementing Regulation of this Decree-Law.

1- If the Private School or the owner thereof loses any of the conditions set forth in Articles (6, 7, 8 and 9) of this Decree-Law, a decision to close it or withdraw its license shall issued by the Ministry or Educational Entity.

2- Notwithstanding the provisions of Clause (1) of this Article, the Ministry or Educational Entity may grant the violating Private School a period not exceeding one year from the date of notifying the latter of the violation and it may be extended for another year to rectify the situation thereof.

Without prejudice to any more severe penalty provided for by any other law, shall be punished by imprisonment for a period not exceeding one year and a fine betweem (10,000) ten thousand and (1,000,000) one million Dirhams or by one of these penalties, whoever violates the provisions of Articles: (5/1), (10), (13/2), (23) and (27) of this Decree-Law. The penalty shall be doubled in case of recidivism.

The employees specified by a decision from the Minister of Justice, upon recommendation of the Minister or head of the Educational Entity, shall have the capacity of judicial officers within their scope of competence, as per proving the violations to the provisions of this Decree-Law, its Implementing Regulation and the decisions issued in implementation thereof, within the scope of competence of each.

The minister or head of the Educational Entity may grant Private Schools that existed before entry into effect of the provisions of this Decree-Law, one or more periods to adjust their situations with some of the provisions of this Decree-law, provided that these periods in their entirety do not exceed two years from the date of entry into force of this Decree-law.

The Cabinet - based on the proposal of the Minister of Finance - shall issue a decision determining the fees due for the services provided by the Ministry within the scope of its competence to implement the provisions of this Decree-Law and its Implementing Regulation.

The proceeds of the fines that are imposed in implementation of the provisions of this Decree-Law and its Implementing Regulation shall be transferred to the Ministry or Educational Entity, each within the scope of its competence.

The Cabinet shall issue, upon the suggestion of the Minister and after coordinating with the Educational Entities, the Implementing Regulation of this Decree-Law.

1- The said Federal Law no. (3) of 2007 shall be abrogated, as well as any provision violating or contradicting the provisions of this Decree-Law.

2- The regulations and decisions issued prior to the implementation of the provisions of this Decree-Law shall continue to be enforced, without contradicting the provisions of this Decree-Law, until the issuance of the Implementing Regulation of this Decree-law and the decisions that replace them.

This Decree-Law shall be published in the Official Gazette and shall enter into effect six months after the date of publication thereof.