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