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1. Research conducted in established or commonly accepted
educational settings, involving normal educational practices,
such as (a) research on regular and special education instructional
strategies, or (b) research on the effectiveness of or the
comparison among instructional techniques, curricula, or classroom
management methods.
2. Research involving the use of educational tests (cognitive,
diagnostic, aptitude, achievement), survey procedures, interview
procedures or observation of public behavior, unless: (i)
information obtained is recorded in such a manner that human
subjects can be identified, directly or through identifiers
linked to the subjects; and (ii) any disclosure of the human
subjects' responses outside the research could reasonably
place the subjects at risk of criminal or civil liability
or be damaging to the subjects' financial standing, employability,
or reputation; or (iii) the research involves the use of children
as subjects (legal age of consent in the State of Texas is
18 years old).
3. Research involving the use of educational tests (cognitive,
diagnostic, aptitude, achievement), survey procedures, interview
procedures, or observation of public behavior that is not
exempt under paragraph 2 of this section, if: (i) the human
subjects are elected or appointed public officials or candidates
for public office; or (ii) federal statute(s) require(s) without
exception that the confidentiality of the personally identifiable
information will be maintained throughout the research and
thereafter.
4. Research, involving the collection or study of existing
data, documents, records, pathological specimens, or diagnostic
specimens, if these sources are publicly available or if the
information is recorded by the investigator in such a manner
that subjects cannot be identified, directly or through identifiers
linked to the subjects.
5. Research and demonstration projects which are conducted
by or subject to the approval of department or agency heads,
and which are designed to study, evaluate, or otherwise examine:
(i) public benefit or service programs; (ii) procedures for
obtaining benefits or services under those programs; (iii)
possible changes in or alternatives to those programs or procedures;
or (iv) possible changes in methods or levels of payment for
benefits to services under those programs.
6. Taste and food quality evaluation and consumer acceptance
studies, (i) if wholesome foods without additives are consumed
or (ii) if a food is consumed that contains a food ingredient
at or below the level and for a use found to be safe, or agricultural
chemical or environmental contaminant at or below the level
found to be safe, by the Food and Drug Administration or approved
by the Environmental Protection Agency or the Food Safety
and Inspection Service of the U.S. Department of Agriculture.
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