As a university researcher, it is my understanding that data collection for "programming" rather than "research" still requires a request to the IRB for a "waiver." It would be reassuring to know that the IRB had given the okay for a waiver in this situation, in which case consent would not be needed. However, if the data was used in writing a book as indicated by Susan@BB, that constitutes publication and would not be allowed by the IRB at my institution, which grants waivers in some cases for data collected only for "internal" programming purposes.

Given the potential direct impact the kind of questions added to the Explore can have on a child's performance (see links Aculady provides on page 3 of this thread to research on "stereotype threat"), I think the talent searches should seriously consider dropping the additional 12 questions, with or without IRB approval. At the very least, how about putting the 12 questions at the end, to be answered only after the students have completed the achievement test, so that they will not affect performance?