[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)).