2. LEGAL ARRANGEMENTS REGARDING TEACHERS

2.1. FIXED NUMBER OF TEACHING PERSONNEL

“Regulation on Fixed Number of Teaching Personnel at Schools and Institutions under MONE” was published in the Official Gazette dated 10 August 1999 and entered into force. The purpose of Regulation on fixed number of teaching personnel is to define the procedures and principles regarding the numbers of teachers and directors at formal and non-formal education institutions and other education institutions at all levels and types under the MONE.

In defining the procedures and principles regulated by this Regulation; the following points were taken as basic principles:

• Undertaking of management, education and training services at schools and institutions by sufficient and necessary personnel,
• Avoiding from creating idle capacity in personnel and to transform the existing idle capacity to productivity by directing it to schools and institutions in need.
• At every process of education management, necessity to make use of the acquired contemporary technology in the most productive and efficient way,
• The total course load on each teacher shall be within limits envisioned legally,
• The number of students in each group, class or grade according to type and level of the schools and institutions shall be within the limits accepted by the international norm.

2.1.1. Definition of Fixed Number of Teaching Personnel

The meaning of fixed number of teaching personnel in the dictionary is the cadre under rules and ruled cadre. For MONE, fixed number of teaching personnel is the determination of number of teachers and directors that should be found in education institutions of all levels and types on the basis of certain criteria.

2.1.2. Why is Fixed Number of Teaching Personnel Necessary?

Our country is in an effort to develop itself socially, economically and culturally on the way to surpass the contemporary civilization level shown by Atatürk. In order to reach this target, it is necessary to undertake planned work and to use the resources in accordance with the realities of the country. The way to do this is to provide education to all children, youngsters and even adults that ate the guarantees of future. This duty has to be realized by the teachers who are an indispensable element of Turkish National Education. For this reason, the training and employment of teachers have a very significant place within the education system.

Accordingly as a result of the provisions in Constitution of the Republic of Turkey saying “None shall be deprived of right to education and training” and in National Education Basic Law No: 1739 saying “Equal opportunity and possibility shall be provided to everyone in education regardless of sex”, the education possibilities shall be provided to every part of the country equally and justly.

In order to reach the mentioned targets and as necessity of the 7th 5-Year Development Plan, Article 62 of Law No: 3797 on Duties and Organization of MONE was amended with Law No: 4359 dated 3.4.1998 so as to distribute the free cadres allocated to MONE in accordance with the regulation on standards prepared jointly by MONE, Ministry of Finance and Presidency of State Personnel. In accordance with this provision, Regulation on Fixed Number of Teaching Personnel was prepared.

2.1.3. Implementation of Fixed Number of Teaching Personnel

In line with the Regulation, the number of teachers on the basis of branches and directors have been determined and approved by MONE and sent to provinces. In determination of fixed number of teaching personnel, the number of students, weekly course hours and number of courses were taken into consideration.

The fixed number of teaching personnel determined by this way are related to the teachers and directors employed at schools. The surplus teachers due to fixed number of teaching personnel at schools shall be appointed to coordinating schools or institutions in settlement areas forming more than one education region. The teachers of schools at settlement areas with single education region and settlement areas having the status of village and town shall stay in the schools they are already assigned.

Surplus teachers due to fixed number of teaching personnel shall be related to fixed number of teaching personnel that shall be vacant due to retirement or transfers related to their branches in time. Until this time, these teachers shall be used in other areas of education such as;

• Providing courses at education institutions,
• Contributing to educative and social activities,
• Undertaking the works related to preparation, examination and researching of course tools and equipment,

The appointment request of the surplus teachers at coordinating schools to schools within the province in need of such branch teachers shall be taken into account on the basis of;

• Primarily the schools within their current education region,
• The schools within the boundaries of their current district,
• The schools within the boundaries of their current province.

No teacher shall be appointed to schools outside the boundaries of his/her current municipality without his/her will. Appointments to other provinces shall also be realized upon their will.

2.1.4. Cumulations in Central Schools Prior to Fixed Number of Teaching Personnel and the Saving Attained by Fixed Number of Teaching Personnel

Increase in the number of students together with the number of courses per week and positive developments in the number of classrooms at school shall create an increase in the fixed number of teaching personnel. For this reason, no appointment exceeding the number of existing teachers shall be made to any education institution. By this way, artificial increases on the basis of quantity shall be prevented since no other teacher than necessary shall be employed.

The surplus in central schools was overcome with their appointment to coordinator schools. The appointment of these teachers upon their own will is done to schools and institutions in need. With the appointment of the surplus in this manner, the idle capacity has been transformed to productivity and renewal of a cumulation in future is prevented since no appointments above the determined fixed number of teaching personnel could be done.

2.2. APPOINTMENT AND TRANSFER OF TEACHERS

Regulation on Appointment and Transfers of Teachers at Education Institutions under MONE was published in the Official Gazette dated 11.6.2000 numbered 24076 and was put into effect.

Through the Regulation,

• Turkey was divided into three service areas by grouping the provinces that are similar in terms of working conditions and teacher necessity. The second and third service areas formed so as to include the regions that have priority in development from these service areas are named as obligatory service areas. The individuals appointed to teaching posts by the date of effectiveness of the Regulation (11.6.2000) are obliged to serve in at least one of these regions for three or four years. By this way, the experienced teacher necessity of the provinces which the necessity could not be met through the own will of teachers shall be met.
• Transfers with excuse have been arranged under three groups due to health, spouse and education.
• In line with the procedures and principles introduced by the fixed number of teaching personnel regulation; the requests have priority in transfers of surplus teachers due to closing of the institution, school or department, change in program, decrease in fixed number of teaching personnel and similar reasons. However, where necessary, the Regulation is amended without being subject to procedures and principles of transfers.
• In meeting the necessity of teachers arising due to natural disasters such as fire, earthquake, flood and so on, without being subject to other provisions of this Regulation, the management in charge of taking necessary precautions is authorized.
• Measures were taken so as not to make appointments through transfers to the service area or education institutions from other service areas without relating the surplus branch teachers within the framework of fixed number of teaching personnel regulation with the fixed number of teaching personnel.
• The obligatory service liability was drawn back to the date on which the Regulation was put into force that is 11.6.2000.

2.3. SELECTION AND APPOINTMENT OF ANADOLU HIGH SCHOOL TEACHERS

Regulation on Selection and Appointment of Anadolu High School Teachers of MONE was put into effect starting from 01.01.2000 with the approval of the Ministry dated 11.11.1999 numbered 111112. For the most efficient and productive provision of education and training services at all types of Anadolu High Schools of MONE, with this Regulation, it was aimed to regulate the procedures and principles regarding the qualifications, selection, appointment and transfers of teachers to be employed in these schools.

2.4. COURSE AND ADDITIONAL COURSE HOURS OF TEACHERS AND MANAGERS

Basics on Course Hours and Additional Course Hours of Teachers and Directors of MONE were put into effect starting from 1.12.1998 with the Decision of Council of Ministers No: 98/12120 that was published in the Official Gazette dated 16 December 1998 numbered 23555.

The Regulation is about the number of courses that the teachers, directors and expert teaching staff employed in schools and institutions of all types and grades and other education institutions shall provide or shall be accepted to provide in return of the monthly salaries or payments, the qualifications of those assuming the course task and other issues. Furthermore, some Articles of these basic principles were amended by the Decision of Council of Ministers No: 99/12775 that was published in the Official Gazette dated 20.5.1999 numbered 23700 to be effective from 1.6.1999.

With the “Basics on Course and Additional Course Hours of Teachers and Directors”;

1. Special attention was spent on overcoming the deficiencies and missing points in implementation and protection of acquired rights.
2. 15 hours of weekly studies of primary education inspectors and their assistants are accepted as additional course task and by this way they could benefit from the additional course fee.
3. Additional course hours as a task were raised to 15 from 12 for the branch teachers employed in primary education schools.
4. The teachers and directors working at schools and institutions that were opened after the implementation such as multi-program high schools, foreign language based high schools, art and science centers, open high school and open primary education institutions shall be provided with the same additional course fee and task with equivalent teachers at similar education institutions.
5. The status of teachers and directors employed at schools and institutions whose names had been changed with the effectiveness of the basics implemented prior to this regulation are also determined by the pertinent articles.
6. The teachers and directors who were assigned as instructors in boarding and pension schools shall be paid totally 6 hours of additional course fee; for each instruction task 4 hours and for the instructors in service for 24 hours an additional 2 hours.
7. The provision of the article on payment of examination term fee to the teachers and directors employed in examinations was changed so as to provide separate fees for duties of monitoring and exam board membership. Accordingly, for monitoring 3 hours and for membership 6 hours of additional course fee shall be provided.
8. The additional course fee paid on 12 hours was increased to 15 hours for the individuals assuming managerial tasks at the headquarters and provincial organization of the Ministry.
9. The studies of branch teachers working in primary education institutions concerning their profession at the beginning and end of the academic year are accepted as additional course assignment like for class teachers in accordance with Law No: 222.

 

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Ministry Of National Education
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