Guide :: Education :: Exempt :: Surveys
Surveys, Educational Tests, Interviews, and Observation of Public Behavior
Subpart D of CFR 45 part 46 specifically covers using minors in research studies. According to this subpart, research involving minors is not given as much latitude for exemption. Surveys, interviews, and observations of public behavior (except where the researcher does not participate in the activity observed) do not qualify for exemption. Research that involves these procedures will need approval from the Board, and most likely will require documentation of consent from the parent and assent from the child. Educational tests (cognitive, diagnostic, aptitude, achievement) are still exempt, perhaps not because they are in this exemption category but because they fall more appropriately in the normal educational practice category.
The exception regarding the use of surveys, interviews, and observations is whether they are justifiably normal educational practice. For further information, please see Normal Educational Practice.
Observations in education research generally involve observing classrooms while instruction is being given. The classroom setting is not considered public and will require some level of consent, depending on who is the subject of the observation. If you are only collecting data on the teacher, then you will need to include this activity in the teacher consent form. Although you may observe the interaction of the teacher with the students, only the teacher’s identity can be collected (i.e. Mrs. Smith answered student 1’s question…). If you need to conduct more detailed observations of the students, it may be considered exempt if the observation protocol is justifiable as normal educational practice. You should describe your observation to the parents in the parental notification you send home. However, if the Board does not deem it normal educational practice, you will need parental consent and student assent to observe the student. If the observations are going to be recorded beyond field notes, you will need to consider media use issues, such as a Materials Release Form. Please see the Media Guide for more information.
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