[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR97.401]



[Page 310-311]

 

                           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.



[[Page 311]]





    (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.

    (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)).