Unique Cultural Educational Institutions Law, 5768-2008

In this Law –

"Compulsory Education Law" – Compulsory Education Law, 5709-1949;

"educational institution" – as defined in the Compulsory Education Law;

"unique cultural educational institution" – an educational institution in which pupils study in grades nine through twelve, all or some of them, in which systematic education is provided that derives from the way of life of the unique cultural group studying in it in accordance with its unique characteristics, and which has received recognition under section 2;

"unique cultural group" – a population group that has unique cultural characteristics and is one of the following:

"the Minister" – the Minister of Education.

Where the Minister is satisfied that a condition for obtaining recognition as set out in section 2 has not been met or has ceased to be met, the Minister may warn in writing the person who received the recognition that if the condition is not met within three months of the date of the warning, the Minister may revoke the recognition; the provisions of section 3 shall apply to a decision of the Minister under this section, with the necessary modifications.

"Special Education Law" – Special Education Law, 5748-1988;

"child with special needs" – a child with special needs as defined in the Special Education Law, who is entitled to free education under section 6(a) of the Compulsory Education Law, and in respect of whom an integration committee in the unique cultural educational institution has decided on entitlement to additional instruction and study and to special services in the unique cultural educational institution;

"integrated pupil" – as defined in section 20a of the Special Education Law.

In this Law –

"education employee" – a person employed in an educational institution whose principal occupation therein is teaching or education, as well as a person engaged in the supervision of teaching or education;

"service employee" – a person employed in an educational institution who is not an education employee;

"the Director General" – the Director General of the Ministry of Education, or the Deputy Director General;

"health authority" – a person appointed by the Minister of Health for the purposes of this Law;

"sanitation" of an educational institution – including the sanitary condition of the buildings of the educational institution, the yard, the equipment and furniture therein, the lighting, heating and ventilation, the density of pupils in classrooms and other rooms, as well as equipment used for the preparation of food, eating utensils, storage of food supplies and their quality.

No person shall open an educational institution in which pupils study in grades nine through twelve, all or some of them, in which systematic education is provided that derives from the way of life of the unique cultural group studying in it in accordance with its unique characteristics (in this Chapter – educational institution), and no person shall operate such an institution, unless the person holds a licence under this Law and in accordance with its conditions, and no person shall advertise the opening of an educational institution if it does not hold a licence as aforesaid (in this Law – licence).

The Director General shall not grant a licence to an association of persons unless it is a corporation.

The Director General shall not grant a licence to a person who has been convicted of an offence involving moral turpitude or an offence capable of prejudicing state security, or for so long as an investigation is being conducted against that person under law in respect of such an offence; the Director General shall not grant a licence to a corporation if a person who holds control over it has been convicted of such an offence or for so long as such an investigation is being conducted against that person.

The Director General may make the granting of a licence conditional upon conditions to be fulfilled in advance, and may prescribe in the licence conditions to be fulfilled after its grant.

A licence may be permanent or for a period to be specified therein, which shall not be less than one school year.

A licence shall not be transferred from one person to another except with the approval of the Director General; an application for approval shall include the particulars prescribed in Regulations.

No person shall employ an education employee if any of the following applies to that employee:

For the purposes of section 19, in each school year, at the time and in the manner prescribed in Regulations, a licence holder shall submit to the Director General, or to a person authorised by the Director General, a list of the education employees employed in the educational institution.

The Director General shall not require the dismissal of an education employee as referred to in section 21 unless the employee concerned has been given an adequate opportunity to present his arguments.

An education employee who considers himself aggrieved by a requirement to dismiss him as referred to in section 21 may appeal against it, within 21 days from the day on which the requirement was notified to him, before the Minister.

In each school year, at the time and in the manner prescribed by Regulations, a licence holder shall submit to the Director General or to a person authorised by him for that purpose a list of the service employees employed in the educational institution.

The Director General shall not require the dismissal of a service employee as referred to in section 25 unless the employee concerned has been given an adequate opportunity to present his arguments.

The Director General may delegate to another person his powers under sections 25 and 26.

A service employee who considers himself aggrieved by a requirement to dismiss him as referred to in section 25 may appeal against it, within 21 days from the day on which the requirement was notified to him, before the Minister.

A doctor or nurse shall not be employed in an educational institution except with the approval of the health authority.