These websites will help you determine if your data collection efforts are subject to federal and state privacy, human subjects protection, and mandatory reporting requirements:
U.S. Department of Education (USED) Requirements on Privacy and Parental Consent
The Protection of Pupil Rights Amendment requires that written parental consent be obtained before students participate in any USED-funded data collection effort that includes information on drug and alcohol use (as well as a range of other topics). If you are a USED-funded site, it is a good idea to contact your project officer to discuss the amendment in detail. The Family Educational Rights and Privacy Act also requires schools to have written permission to release student records. More information on these laws is available through the USED's Family Policy Compliance Office at www2.ed.gov/policy/gen/guid/fpco/index.html
U.S. Department of Health and Human Services Requirements on Human Subjects Protection
The Department of Health and Human Services, Office for Human Research Protections is responsible for protection of human subjects in federally funded research. Subpart A of 45 CFR 46 is the basic set of protections for all human subjects of research conducted or supported by HHS. The Federal Policy for the Protection of Human Subjects, known as the “Common Rule,” was issued by 15 federal agencies and departments in 1991. The Common Rule is based on Subpart A and includes identical language in the separate regulations of those departments and agencies. A complete list of can be found here. More information on Federal law and regulations protecting human subjects in general (and children, in particular) can be found here. To provide information and enhance understanding of the regulatory requirements related to human subjects protection, the OHRP has developed a series of educational videos and an on-line tutorial.
National Institutes of Health Certificates of Confidentiality
The NIH issues Certificates of Confidentiality which allow those with access to research records to refuse to disclose identifying information on participants in any civil, criminal, administrative, legislative, or other proceedings, whether at the federal, state, or local level. The Certificates may be granted for studies collecting information that, if disclosed, could have adverse consequences for subjects or damage their financial standing, employability, insurability, or reputation. http://www.drugabuse.gov/funding/post-award-concerns/certificates-confidentiality
Mandatory Reporting Requirements
Child Welfare Information Gateway, formerly the National Clearinghouse on Child Abuse and Neglect Information and the National Adoption Information Clearinghouse, provides access to information and resources to help protect children and strengthen families as well as “statutes-at-a-glance” for all 50 states. This is a service of the Children’s Bureau, Administration for Children and Families, U.S. Department of Health and Human Services. http://www.childwelfare.gov/
Developed under the Substance Abuse and Mental Health Services Administration’s (SAMHSA) Center for the Application of Prevention Technologies contract. Reference #HHSS277200800004C. For training and/or technical assistance purposes only.