Private education between its commercial nature and legal regulation

Abstract

This study examines how private (non-public) education in Morocco operates at the intersection of commercial activity and the public educational function. It starts from the idea that private schools are simultaneously subject to market and competition rules as private enterprises, while being integrated into the national education system and entrusted with a public interest mission linked to the right to education.​ The first section is devoted to clarifying the legal nature of private education institutions. It analyses their status as establishments created and managed by private natural or legal persons under specific licensing and supervision rules, while being bound to follow national curricula and pedagogical standards. In doing so, it highlights the hybrid (mixed) regime that combines company law, tax and competition rules with mandatory educational norms and quality requirements.​ The second section addresses the central question of the balance between the commercial dimension and the educational function of private schooling. It explores how tuition fees, profit-making strategies and market positioning interact with obligations related to access, non-discrimination, transparency towards families and respect for students’ fundamental rights. This part also discusses recent regulatory trends (such as contract formalisation with parents, fee transparency and strengthened oversight) that seek to frame private education as a partner in achieving the right to education, while preventing abuses linked to excessive commodification of schooling.​