Table 2.

Exemption Category 1 – Educational Practices

Pre-2018 Requirements¹² (prior exemption category at 45 CFR §46.101)	Final Rule¹³ (new exemption category at 45 CFR §46.104)
(1) Research conducted in established or commonly accepted educational settings involving normal educational practices, such as (i) research on regular and special education instructional strategies, or (ii) research on the effectiveness of or the comparison among instructional techniques, curricula, or classroom management methods.	(1) Research conducted in established or commonly accepted educational settings that specifically involves normal 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.

Pre-2018 Requirements¹² (prior exemption category at 45 CFR §46.101)

Final Rule¹³ (new exemption category at 45 CFR §46.104)

(1) Research conducted in established or commonly accepted educational settings involving normal educational practices, such as (i) research on regular and special education instructional strategies, or (ii) research on the effectiveness of or the comparison among instructional techniques, curricula, or classroom management methods.

(1) Research conducted in established or commonly accepted educational settings that specifically involves normal 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.