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 for students whose documentation calls for this accommodation.

Faculty have the right to require a student who records lectures to sign an agreement for recording and present the form to the instructor.

SAR has a lecture recording form in PDF format that may be printed.
This form is to be submitted to the instructor/professor upon completion.

No, not if it has been approved as an accommodation as listed on the Student Accessibility Resources (SAR) issued memo for the student’s disability to provide meaningful access to the educational experience. The recording of lectures is one of the accommodations specifically mentioned in Section 504 of the Rehabilitation Act of 1973. The issue of copyright as a concern is referenced on the U.S Department of Education's website. 

•    Students with disabilities who are unable to take or read notes have the right to record class lectures only for personal study purposes.
•    Lectures recorded for personal study may not be shared with other people without the consent of the lecturer.
•    Information contained in the audio-recorded lecture is protected under federal copyright laws, and may not be published or quoted without the expressed consent of the lecturer and without giving proper identity and credit to the lecturer.

If an instructor objects to the use of a recording device, it is typically because they maintain that their right to privacy of information discussed in the classroom is being violated, or because there is a concern about a breach of copyright. The instructor’s right to privacy or concern over copyright does not override the student’s right to accommodation. It is the responsibility of SAR to see that the instructor’s concern for privacy and protection of copyright is respected and addressed while still assuring the availability of accommodation for the student. In some instances, instructors are reassured about this through the adoption of an agreement between the instructor and student that details the specific limited use of the recordings and arranges for their disposal when the purpose of the recording has been fulfilled. SAR can assist with the completion and oversight of such an agreement. Please contact SAR at 616-331-2490 or at [email protected].

Occasionally instructors object to the use of a recording device in classes that involve a great deal of self-disclosure from students as part of the class, fearing that the use of a recording device will inhibit students from freely sharing. The use of a recording device 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 issue a general announcement to the class to request that any students who are using a recording device turn it off. 

Everyday devices like smartphones, tablets, and laptops are equipped with sophisticated note taking software.  Licensed software like Zoom can also be used.  In addition, there are an increasing number of apps that make use of artificial intelligence (AI) to produce transcripts and/or summaries of recorded lectures.  Typically, students for whom this accommodation is granted are those who have difficulties listening to the lecture content and making cogent written notes at the same time. The audio recording, photos, transcripts, and AI generated summaries allows the student to 'fill in the gaps' after the lecture or clarify meaning in their notes. Students who wish to use AI as a tool to summarize or comprehend notes should first consult GVSU's Policy for Acceptable Use of AI, and request permission from their professors.