Recording Accommodations In Education

Summary

In Massachusetts, higher education institutions can deny recording accommodations if privacy, disruption, or intellectual property concerns exist. However, under the ADA, reasonable alternatives must be provided. If a faculty members refusal is based solely on personal preference, it may not be justified. Institutions must ensure accommodations meet students needs, and offering alternatives like a notetaker can be reasonable if it fulfills the students requirements. Denying essential accommodations might risk non-compliance with ADA.

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Can you provide more details about your specific situation? This will help me give you more accurate information.
A math faculty member at my institution does not want students with disabilities who have an accommodation for audio recording to be recording his classes.
In Massachusetts, if the refusal to allow recording is based solely on the faculty member's personal preference, it may not be justified. The institution must provide reasonable accommodations under the Americans with Disabilities Act (ADA). However, if there are valid concerns such as privacy, disruption, or intellectual property, the institution may seek alternative accommodations.
Have you discussed this with your institution's disability services office? They might be able to mediate and find a solution.
I am in the disability services office
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It's good you're already in the disability services office. They should help mediate this situation and ensure you get the accommodations you need. Have you already discussed the faculty member's refusal with them? If so, what was their response?
The law seems pretty clear. can you give me examples when denying recording has not been deemed discriminatory?
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In Massachusetts, higher education institutions can sometimes deny students the ability to record classes under certain conditions. Here are examples when denying recording has not been deemed discriminatory:
- Privacy Concerns: If recording would compromise the privacy of other students.
- Disruption: If recording would disrupt the learning environment.
- Intellectual Property: If there are concerns about intellectual property rights.
Have you explored alternative accommodations with the faculty member?
Does this mean that students in a class need to consent to being recorded?
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Students in a class generally do not need to consent to being recorded if the recording is for a student's accommodation under the ADA. However, the institution must balance this with other students' privacy and other concerns. Alternative accommodations should be considered when necessary.
Do you need help exploring these alternative accommodations?
If a reasonable alternative exists, do we need to offer student an accommodation to record classes?
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In Massachusetts, if a reasonable alternative exists, it can be offered as an accommodation instead of allowing the student to record classes. However, the alternative must genuinely meet the student's needs under the ADA.
Have you identified any reasonable alternatives that might address the student's needs?
Am I putting an institution at risk if I offer a student a notetaker instead of an audio recording because their professor does not want to be recorded?
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Offering a notetaker instead of an audio recording can be a reasonable accommodation if it meets the student's needs. However, if the student can demonstrate that audio recording is essential for their learning, denying it might put the institution at risk of non-compliance with ADA requirements.
Have you assessed whether a notetaker is sufficient for the student's needs?