Discussion Board for PSY510
January 27, 2022
Dear Professor,
I have been studying some of the educational challenges when
working with special needs students. Recently, I was confronted by a
young adult with severe learning difficulties who has been demanding to
be included in the research project. They are 18, however, their parents
already refused on their behalf.
As we know, individuals with disabilities are legally incapable of providing
informed consent, according to Section 3.10, Informed Consent, in the
APA Code of Ethics. We see this again in HHS regulations at 45 CFR part
46, if an adult lacks capacity to consent, as a result of trauma, mental
illness, or developmental disability- temporary, progressive, or
permanent, only a legally authorized representative (LAR) for that adult
can give consent for participation in the research, unless the requirement
to obtain informed consent is waived by the IRB in accordance with the
requirements at 45 CFR 46.116 (c)(d), or accordance with the provisions
for emergency waiver, which are permitted under the authority of the HHS
Secretary at 45 CFR 46.101 (i).
Principle E: Respect for People’s Right and Dignity is the most at stake in
this situation. Psychologists respect the dignity and worth of all people
and are aware that special safeguards may be necessary to protect the
rights and welfare of persons or communities whose vulnerabilities impair
autonomous decision making. Psychologists are aware of and respect all
individual differences and consider those factors when working with
members of such groups.
We have options. One is to inform the young adult that their parents
already refused on their behalf and explain that they need their parents’
permission. They may feel that we are being unfair or become distraught
after requesting so harshly to be involved, which would put Principal A:
Beneficence potentially at stake if this were to affect their emotional or
mental health marginally- not that I am assuming it would. That would be
the easiest solution; however, there are things we can do, change, and
prepare for that would allow that individual to participate.
I believe we can utilize the exemption policy aforementioned in HHS 45
CFR 46. 101-104 (a)(b)(d), and 106 (2). According to HHS regulations at
45 CFR 46.104 (a)(b)(d), informed consent from the LAR can be waived if
research, conducted in established or commonly accepted educational
settings, that specifically involves educational practices that are not likely
to adversely impact students’ opportunity to learn required educational
content or the assessment of educators who provide instruction. This
includes most research on regular and special education instructional
strategies, and research on the effectiveness of or the comparison among
instructional techniques, curricula, or classroom management methods.
The research should be recorded so that the identity of the subject cannot
be ascertained, directly or through identifiers linked to the subjects (45
CFR 46.106 (2)).
Using more anonymous data collection would allow the individual to
participate in this study. All researchers in the study will be in compliance
with Section 2: Competence, and receive appropriate consultation and
training, as well as have done research on those with developmental
disabilities and the special education system to prepare. Sending
anonymous questionnaires or surveys home with those who work with
special needs individuals in an educational setting and those individuals
who have a special need is another option that has been discussed. In
going this route, we can still proceed with our original plans while being
able to collect data anonymously- which now allows for several
individuals, whom have been denied consent or would not have received
it, the opportunity to participate.
Thank you
