[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR97.401]

[Page 292-293]
 
                           TITLE 34--EDUCATION
 
PART 97--PROTECTION OF HUMAN SUBJECTS--Table of Contents
 
 Subpart D--Additional ED Protections for Children Who Are Subjects in 
                                Research
 
Sec. 97.401  To what do these regulations apply?

    Source: 62 FR 63221, Nov. 26, 1997, unless otherwise noted.


    (a) This subpart applies to all research involving children as 
subjects conducted or supported by the Department of Education.
    (1) This subpart applies to research conducted by Department 
employees.
    (2) This subpart applies to research conducted or supported by the 
Department of Education outside the United States, but in appropriate 
circumstances the Secretary may, under Sec. 97.101(i), waive the 
applicability of some or all of the requirements of the regulations in 
this subpart for that research.
    (b) Exemptions in Sec. 97.101(b)(1) and (b)(3) through (b)(6) are 
applicable to this subpart. The exemption in Sec. 97.101(b)(2) regarding 
educational tests is also applicable to this subpart. The exemption in 
Sec. 97.101(b)(2) for research involving survey or interview procedures 
or observations of public behavior does not apply to research covered by 
this subpart, except for research involving observation of public 
behavior when the investigator or investigators do not participate in 
the activities being observed.

[[Page 293]]

    (c) The exceptions, additions, and provisions for waiver as they 
appear in Sec. 97.101(c) through (i) are applicable to this subpart.

(Authority: 5 U.S.C. 301; 20 U.S.C. 1221e-3, 3474; and 42 U.S.C. 300v-
1(b)).