97.407—Research not otherwise approvable which presents an opportunity to understand, prevent, or alleviate a serious problem affecting the health or welfare of children.
         ED conducts or funds research that the IRB does not believe meets the requirements of  § 97.404,  § 97.405, or  § 97.406 only if—
    
    
        
        (a) 
         The IRB finds that the research presents a reasonable opportunity to further the understanding, prevention, or alleviation of a serious problem affecting the health or welfare of children; and
    
    
        
        (b) 
         The Secretary, after consultation with a panel of experts in pertinent disciplines (for example: science, medicine, education, ethics, law) and following opportunity for public review and comment, has determined either that—
    
    
        
        (1) 
         The research in fact satisfies the conditions of  § 97.404,  § 97.405, or  § 97.406, as applicable; or
    
    
        
        (2) 
        
        (i) 
         The research presents a reasonable opportunity to further the understanding, prevention, or alleviation of a serious problem affecting the health or welfare of children;
    
    
    
        
        (iii) 
         Adequate provisions are made for soliciting the assent of children and the permission of their parents or guardians, as set forth in  § 97.408.