Law No. (9) of 2018 Concerning the Establishment of the Department of Education and Knowledge

Article 1 — In the implementation of the provisions of this Law, the following words and ¶

phrases shall have the meanings corresponding thereto unless the context
requires otherwise:
State : The United Arab Emirates.
Emirate : The Emirate of Abu Dhabi.
Executive
Council
: The Executive Council of the Emirate.
Department : The Department of Education and Knowledge.
Education
Sector
: All activities, works and services provided by the
governmental educational institutions and private
educational institutions.
Affiliates : The entities operating in the education sector, affiliated
to the Department, under its control and supervision
and which are specified by a resolution of the Executive
Council.
Educational
Entities
: The public and private educational bodies.
Public
Educational
Entities
: All public schools, centres for adult education,
technical secondary schools and applied technology
schools.

-- 77 of 160 --

77
Private
Educational
Entities
: All private educational bodies in the Emirate, including
day care centres; nurseries; kindergartens; private
schools; technical and vocational education centres,
institutions and colleges; continuing education
centres; universities; higher education and scientific
research institutions; and specialized educational
institutions including special and gifted education and
education for special groups of the society.
Relevant
Agreements
: the agreement concluded between the Ministry of
Education and Abu Dhabi Education Council on 31
December 2007 and its annexes, the memorandum
of understanding concluded between the Ministry of
Higher Education and Scientific Research and Abu
Dhabi Education Council dated 28 October 2014,
and the agreement between the Ministry of Education
and Abu Dhabi Education Council on 21 May 2017
regarding the nurseries and early childhood education
centres.
Section (2)
Establishment, Objectives and Competencies of the Department

Article 2 — • Pursuant to the provisions of this law, a department called "Department ¶

of Education and Knowledge" shall be established and shall replace Abu
Dhabi Education Council.
• The employees and staff of Abu Dhabi Education Council, along with all
its assets, properties, rights and obligations, shall be transferred to the
Department. The Department shall be the legal successor to Abu Dhabi
Education Council.

-- 78 of 160 --

78

Article 3 — The Department aims at raising the level of education and supervising ¶

the quality of the education sector and the educational institutions in the
Emirate.

Article 4 — • In order to achieve its objectives, the Department shall assume the ¶

following competencies:
1. Propose the strategic and implementing plans for the education
sector in the Emirate, have them approved by the Executive Council
and supervise their implementation.
2. Follow-up the Affiliates’ undertaking to implement the strategic and
implementing plans for the education sector.
3. Monitor and supervise all Affiliates such as their disbursements from
their budgets and revenues earned, as well as their commitment
to their duties and competencies, and approve their strategic and
implementing plans.
4. Regulate the education sector in all aspects through the development
of policies, standards, regulations, resolutions and implementing and
operational circulars for said sector.
5. Monitor and supervise the Education Sector in accordance with the
relevant legislations, conventions and treaties in force for said sector
on the local and international levels, and in coordination with the
relevant entities within the State and abroad.
6. License all private education entities and monitor their commitment
in providing the optimum level of quality of services in accordance
with the legislations in force, and in coordination with the relevant

-- 79 of 160 --

79
authorities.
7. Propose the fees, tariffs and prices related to its competencies and
submit them to the Executive Council for approval, in accordance
with the applicable regulations.
8. Submit periodic reports and analytical studies to Abu Dhabi Executive
Office in relation to the Department's competencies.
9. Encourage investments and partnerships with the private sector
for projects related to the competencies of the Department in
coordination with the relevant entities.
10. Any other competencies or duties assigned thereto by the Executive
Council.
• The Department may delegate some of its competencies to any other
governmental entity or outsource some to the private sector upon the
approval of the Executive Council.

Article 5 — • The Chairman of the Executive Council shall issue a resolution to specify ¶

any additional competencies for the Department.
• The Executive Council may amend the Department’s competencies
mentioned in this Law or in any other legislation by deletion, addition or
transfer.

Article 6 — The Department shall assume the competencies entrusted thereto under ¶

the provisions of this Law, in accordance with the principles set forth in the
relevant agreements and in coordination with the federal and local entities
and institutions related to the education sector.

-- 80 of 160 --

80

Article 7 — The Department shall work on raising the level of higher education in the ¶

Emirate, in coordination with the relevant federal entities and institutions, in
order to implement the Emirate's strategies in this regard.

Article 8 — All persons, educational institutions and public and private companies shall ¶

provide the Department with the documents and information it requires to
carry out or execute its competencies.

Article 9 — The Executive Council shall issue a resolution to determine the Affiliates that ¶

shall be under the monitoring and supervision of the Department.
Section (3)
General Provisions

Article 10 — In agreement with the Chairman of the Department, the Chairman of Abu Dhabi ¶

Judicial Department shall issue a resolution identifying the Department’s
officers who have been granted the law enforcement authority for offences
within their jurisdiction. They shall have the right to inspect and monitor all
education entities in order to verify the implementation of the provisions of
this Law and its implementing regulations, resolutions and circulars.

Article 11 — Any establishment or individual shall be prohibited from engaging in any activity ¶

related to the education sector in the Emirate without having obtained the required
license from the Department, in accordance with the applicable regulations.

-- 81 of 160 --

81

Article 12 — • Without prejudice to any more severe penalty provided for by any other ¶

law, an administrative fine of no more than AED (10,000,000) ten million
shall be imposed on whoever violates the provisions of this Law and its
regulatory and implementing rules, as well as its implementing regulations,
policies, resolutions and circulars.
• The Department shall take charge of collecting the administrative
fines. Upon the approval of the Executive Council, the Chairman of the
Department shall issue a schedule specifying the offences and the
administrative fines prescribed for each of them, without exceeding the
fine provided for in this Article.
• The Chairman of the Department or whom he authorises, may propose
reconciliation to the offender, provided that this is established in the
record of proceedings. The offender who accepts reconciliation shall
pay a fine equivalent to 75% of the total administrative fine determined
for the offence within a period not exceeding sixty days from the date of
proposing the reconciliation.
• In all cases, if the offender fails to remove the effects of the offence on
the date scheduled, the Department shall remove such effects at the
offender’s expense.
• The regulatory and implementing rules of this Law shall specify the
procedures of the above-mentioned reconciliation, including its
timeframes.

Article 13 — • The Department may impose any of the following administrative penalties: ¶

1- Notice.
2- Warning.

-- 82 of 160 --

82
3- Placing the establishment under financial, administrative and technical
supervision.
4- Temporary suspension of the activity.
5- Cancellation or suspension of the licence.
6- Closing of the establishment temporarily or permanently.
• Grievances may be filed against the administrative penalties before the
Department within sixty days from the date of notification of the grievant.
Failure to decide upon the grievance within 90 days from the date of its
submission shall be regarded as an acceptance of the grievance.
• The regulatory and implementing rules of this Law shall determine the
procedures and controls required for the application of the aforesaid
administrative penalties.

Article 14 — The Department shall propose its organisational structure and submit it ¶

to the Executive Council for approval, in accordance with the applicable
regulations.

Article 15 — • The financial laws and regulations in force in the Emirate shall apply to the ¶

Department.
• The human resources laws and regulations in force in the Emirate shall
apply to the employees of the Department.
• The Civil Retirement Pensions and Benefits law in force in the Emirate
shall apply to the nationals.

Article 16 — • Upon the approval of the Executive Council, the Chairman of the ¶

-- 83 of 160 --

83
Department shall issue the regulatory and implementing rules of this Law.
• The policies, regulations, rules, resolutions and circulars in force shall
remain applicable in a manner consistent with the provisions of this
Law until the issuance of its implementing policies, regulations, rules,
resolutions and circulars.
• The Chairman of the Department shall issue the implementing and
operational policies of this Law.

Article 17 — • The aforesaid Law No. (8) of 2008 shall be repealed. ¶

• Any text or provision, prescribed in the legislations establishing Affiliates,
which is contrary to the provisions of this Law, shall be repealed.
• Any text or provision contrary to the provisions of this Law shall be repealed.

Article 18 — This Law shall be effective from the date of its issuance and shall be published ¶

in the Official Gazette.
Issued by us in Abu Dhabi
On: 20 February 2018
Corresponding to: 4 Jumada Al Akher 1439 H
Khalifa bin Zayed Al Nahyan
Ruler of Abu Dhabi

-- 84 of 160 --

84