tag:blogger.com,1999:blog-525778292565554519.post4821039209467544300..comments2009-01-08T07:06:03.717-05:00Zachary M. Schraghttp://www.blogger.com/profile/07101709506166167477noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-525778292565554519.post-11332233757947616132009-01-08T07:06:00.000-05:002009-01-08T07:06:00.000-05:00Thank you for your comment.<BR/><BR/>You are quite right that the exemption in 45 CFR 46.101(b)(1) applies even to research with minors; see 45 CFR 46.401(b). I confess, however, that I can't see how "activist participation-observation" would constitute "normal educational practices."<BR/><BR/>Best,<BR/><BR/>ZMSZachary M. Schraghttp://www.blogger.com/profile/07101709506166167477noreply@blogger.comtag:blogger.com,1999:blog-525778292565554519.post-28886964409595382462009-01-07T03:53:00.000-05:002009-01-07T03:53:00.000-05:00i am developing an activist participant-observation project in a high school. according to all the federal regulations i read, it is exempt under 45 CFR 46.101(b)(1). <BR/><BR/>the IRB refused, though. and they quoted a specific line of the regulation about children:<BR/>"The exemption at 45 CFR 46.101(b)(2), for research involving survey or interview procedures or observation of public behavior, does not apply to research with children, subpart D, except for research involving observations of public behavior when the investigator(s) do not participate in the activities being observed."<BR/>http://www.hhs.gov/ohrp/humansubjects/guidance/45cfr46.htm#46.101<BR/><BR/>ethnography, by definition, demands participation. these 2 categories of exemption are widely conflated, MISinterpreted to become meaningless, EXCEPT for college or adult education. legally, category 1 permits participation with children; category 2 forbids it. <BR/><BR/>as long as no testing is involved, educational settings SHOULD be exempt. right now, though, universities imagine that note refers to exemption categories 1 and 2. <BR/><BR/>long-term, the IRBs should either follow the law, or petition the federal government to change to law and exclude children from exemtion categories in general.<BR/><BR/>but i'm not going to argue with the IRB, i'm just going to complete the additional forms and resubmit. i must devote time to my own research, not to teaching law to board members.Kip Austin Hintonhttp://www.blogger.com/profile/12418425049323222226noreply@blogger.com