Under Section 504, Subpart E Postsecondary Education, of the 1973 Rehabilitation Act and the Americans with Disabilities Act, institutions of higher education must provide reasonable accommodations to a student's known disability and may not deny equal access to the institution's programs, courses, and activities. Recording lectures is a reasonable accommodation. Faculty have the right to require a student who uses a tape recorder to sign an agreement for recording and present the form to the instructor. Permission to record lectures as a disability accommodation is subject to the following conditions:
1. Students must inform the professor of their intention to record class lectures.
2. Students will not copy or share audio recordings with anyone, except for a transcriber who may be required to type it if needed for the accommodation. Lectures recorded for educational purposes may not be shared with other people without the consent of the lecturer. Anyone using said recording without permission will be subject to academic discipline.
3.At the conclusion of the course, the student will erase audio recordings from all the classes or return the recordings to the instructor, whichever the instructor prefers.
INSTRUCTOR'S RIGHT TO PRIVACY IN THE CLASSROOM: If an instructor objects to recording of the lecture, it is typically because they maintain that their right to privacy of information discussed in the classroom being violated. The instructor's right to privacy does not override the student's right to accommodation. It is the responsibility of the Office of Disability Access to see that the instructor's concern for privacy is respected and addressed while still assuring the availability of accommodation for the student. In many instances, this has been accomplished through the adoption of a contract between the instructor and student that details the specific limited use of the tapes and arranges for their disposal when the function has been fulfilled.
CLASSES THAT INVOLVE SELF-DISCLOSURE FROM STUDENTS: Occasionally, instructors object to the use of an audio recorder in classes that involve a great deal of self-disclosure from students as part of the class, fearing that the recording will inhibit students from freely sharing. The use of an audio recorder is to replace the student's note taking ability. If these open discussions are not appropriate subject matter for any student to be taking notes, it would be appropriate to ask the student with disability to turn off the UDIO recorder during these periods.