The Constitutional Court, the highest judiciary authority, released on Friday the preamble for its recent ruling rejecting the closure of prep schools, a popular recruiting spot for the controversial Gülen Movement. The statement issued on the Official Gazette said the closure of those schools was against the constitution, but their conversion to private schools was appropriate.
Media outlets linked to the Gülen Movement that evolved from a religious congregation to a political movement bent on overthrowing the government, had hailed the earlier ruling as a victory against the government, which ordered the closure of prep schools by September 2015. The government has approved prep schools' application for conversion to private colleges and has offered incentives to that extent.
The Constitutional Court said in the preamble that the removal of prep schools from the category of educational institutions eligible for offering education contravened the constitution's relevant clauses on freedom of education. It pointed out that those schools served as a complimentary service to students lacking the education level required for admission to a higher school and university, and private enterprises had the right to offer educational services. "Regulations removing or restricting individuals' right to education and private enterprises' rights cannot be implemented," the court said, though it acknowledged that the state had a right to regulate the education sector "in a proportionate manner." The court, on the other hand, approved the conversion of prep schools, noting that the state should not directly shut down prep schools, but should find ways for less restricting regulations and offer "different solutions for the extracurricular needs of individuals seeking education."
Prep schools, tasked with preparing students for the nationwide university entrance examination, emerged in the 1970s as a result of a problematic educational system. It then turned into a lucrative source of income for organizations running educational institutions across the country, particularly the Gülen Movement. The breaking point between the movement and the government came in November 2013, after the government moved to shut down the prep schools. The government's move caused uproar within the Gülen Movement, which has gained both funding and a steady stream of recruits through its prep schools.
The Constitutional Court has lifted the obligation of prep schools to apply for conversion, but did not abolish a clause of the prep school bill that requires the schools to continue their conversion process by September 1, 2015. This means an approval of conversion introduced by the Ministry of National Education.
