Student Expectations
The following are expectations of any student recording lectures/course material:
- Neither the recordings nor any copies of transcripts of the recordings may be used for any purpose other than as a supplement for notes taken in class.
- The information contained in the lecture materials is protected under federal and international copyright legislation and may not be published or quoted without the lecturer’s explicit consent and without properly identifying and crediting the lecturer.
- Unauthorized use of the recordings will be reported to the Department of Student Community Standards.
- Students must delete all recordings at the conclusion of the course.
Instructor Concerns FAQ
What if an instructor does not want or has a concern about a student recording their lectures?
While Disability Resources understands that some instructors may have concerns about students recording their lectures, federal law requires that this accommodation be allowed unless there is an undue burden or a fundamental alteration to the course.
34 C.F.R. section 104.44 (of Section 504 of the Rehab Act of 1973)– “A recipient to which this subpart applies 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.”
When a student has registered with Disability Resources and recording lectures is approved as an accommodation, this accommodation is compliant with the Americans with Disabilities Act and there is no undue burden.
Can an instructor (or the university) require a student with a disability to complete a “Recording Agreement” before allowing them to audio record as an accommodation?
No.
As per OCR Case 06162255 when a student has an approved disability accommodation for audio recording, the university cannot require a separate agreement for a student with disability unless all TAMU students are required to sign such agreements.
Please note when a student with a disability has been approved for the recording accommodation, the Access Coordinator will share the Student Expectations for Audio Recording Lectures. These expectations are also posted on the Disability Resources website and linked in the student’s accommodation letter.
What if the concern about recording is due to the nature of specific course materials or the sharing of sensitive personal experiences such as trauma and abuse?
If an instructor has concerns about the student recording specific content of their lectures, they should consult with the student’s assigned Access Coordinator to discuss those specific concerns and potential alternatives to meet the student’s needs.
For example:
- If lecture content includes self-disclosure of sensitive personal information (such as trauma or abuse) by the instructor or other students.
- If identifying patient information is shared in a health profession educational setting.
If it is determined that there are times that recording would not be appropriate, alternative accommodations will need to be considered. In these cases, the student, the instructor, and the Access Coordinator should work together to identify specifically what parts of lecture will not be recorded and put a plan in place for alternative options for notetaking support to supplement any sections of the lecture that are not permitted to be audio recorded, if needed.
What if the instructor feels audio recording would be a fundamental alteration to the course or program objective?
If an instructor feels that audio recording would be a fundamental alteration to their course or the program objective, they should initially consult with the student’s assigned Access Coordinator about the concern and explain how recording would be a fundamental alteration. The Access Coordinator will discuss the concerns with the instructor and may involve additional staff and campus partners to determine if a formal fundamental alteration review is warranted.
The decision of whether an accommodation may fundamentally alter an essential course / program objective will need to be made by a group of knowledgeable and trained individuals at the university within the academic program and the Disability Resources office (OCR No. 01-16-2120; 03-14-2248)
If you have questions or concerns about the recording lectures accommodation, please contact the Disability Resources Director or ADA Coordinator.