Discussion Board for PSY510
January 27, 2022
Dear Professor,
b b b b b b b b b b 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
