Children may only be included in research under this exemption when involving educational tests or observation of public behavior if the investigator(s) do not participate in the activities being observed and the information obtained is recorded by the investigator in such a manner that the identity of the human subjects cannot be readily ascertained directly, or through identifiers linked to the subjects. 45 CFR 46.104 (d)(2): Research that only includes interaction involving the use of educational tests (cognitive, diagnostic, aptitude, achievement), survey procedures, interview procedures or observation of public behavior (including visual or auditory recording) if at least one of the following is met: (1) Information obtained is recorded by the investigator in such a manner that the identity of human subjects can not be readily ascertained, directly or through identifiers linked to the subjects or (2) Any disclosure of the human subjects’ responses outside of the research would not reasonably place the subjects at risk of criminal or civil liability or be damaging to the subjects’ financial standing, employability, educational advancement, or reputation or (3) The information obtained is recorded by the investigator in such a manner that the identity of the human subjects can be readily ascertained, directly or through identifiers linked to the subjects, and an IRB conducts a limited IRB review to make the determination required by 45 CFR 46.111(a)(7).
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45 CFR 46.104(d)(1): Research involving normal educational practices that are not likely to adversely impact students’ opportunity to learn required educational content or the assessment of educators who provide instruction such as: (1) Most research on regular and special education instructional strategies or (2) Research on the effectiveness of or the comparison among instructional techniques, curricula, or classroom management.