A student with a qualifying disability must be registered with Disabilities Support Services. The student must provide the appropriate documentation to Disabilities Support Services pertaining to the disability. When appropriate accommodations and modifications have been discussed and agreed to by the student, and the modification includes recording a lecture, class, or activity, the student will sign a pledge in agreement with the Recorded Lecture Agreement.
For the purpose of the agreement, a recording shall consist of: an audio replication recorded on devices including, but not limited to, audio recorders, cellular phones, MP3 players, computers and other handheld devices that record sound.
Conditions of the agreement:
- All students in the class as well as guest speakers will be informed by the instructor that permission was granted for audio recording to occur. The student will not be named.
- Lectures recorded for this reason may not be shared with other people without the consent of the lecturer. Recording of lectures or class presentations is solely authorized for the purposes of this individual.
- Permission to allow the recording is not a transfer of any copyrights in the recording. The recording may not be reproduced or uploaded to publicly accessible web environments.
- Recordings, course materials, and lecture notes may not be exchanged or distributed for commercial purposes, for compensation, or for any other purpose other than study by the students named above.
- Students must destroy recordings at the end of the semester in which they are enrolled in the class.
- Public distribution of such materials may constitute copyright infringement in violation of federal or state law, or University policy. Violation of this agreement may subject a student to disciplinary action.
The student and faculty member must sign the pledge before lectures can be recorded. It is the responsibility of the student to notify the instructor that they may be recording the lectures due to their disability.
What if an instructor objects to the use of an auxiliary or personal aid?
Sometimes postsecondary instructors may not be familiar with Section 504 or ADA requirements regarding the use of an auxiliary or personal aid in their classrooms. Most often, questions arise when a student uses a tape recorder. College teachers may believe recording lectures is an infringement upon their own or other students' academic freedom, or constitutes copyright violation.
The instructor may not forbid a student's use of an aid if that prohibition limits the student's participation in the school program. The Section 504 regulation states:
A recipient may not impose upon handicapped students other rules, such as the prohibition of tape recorders in classrooms or of dog guides in campus buildings, that have the effect of limiting the participation of handicapped students in the recipient's education program or activity.
In order to allow a student with a disability the use of an effective aid and, at the same time, protect the instructor, the institution may require the student to sign an agreement so as not to infringe on a potential copyright or to limit freedom of speech.
From The Department of Education, Office of Civil Rights