FERPA Grandparent Rights: How to Access Your Grandchild's School Records

You enrolled your grandchild in school. The child is attending classes. But when you try to check grades online, the parent portal won't let you in. When you ask for a report card, the office says they can only release it to a "parent." You need records from the child's previous school, and nobody will send them to you.

This is a FERPA problem, and it has a FERPA solution.

What FERPA Says About "Parent"

The Family Educational Rights and Privacy Act (20 U.S.C. § 1232g) governs who can access a student's educational records. The law uses a specific definition of "parent" that goes beyond biological or adoptive parents.

Under 34 C.F.R. § 99.3, a "parent" includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or guardian. A grandparent or relative caregiver who has a valid caregiver authorization affidavit on file and with whom the child physically resides may qualify as someone "acting as a parent" when the parent or guardian is absent.

That means you have the legal right to:

• Inspect and review the child's complete educational records
• Obtain copies of report cards, attendance records, and transcripts
• Challenge inaccurate or misleading information in the child's records through a formal amendment process

FERPA guarantees access to education records, not a particular portal login or conference role. Ask the school how it can provide access to the records you are entitled to review.

Getting Parent Portal Access

Most schools now use online parent portals (PowerSchool, Infinite Campus, Skyward, and others) for grades, assignments, attendance, and communication with teachers. These systems typically require a login tied to a "parent" account.

Bring your caregiver authorization affidavit and a photo ID to the school's front office or guidance counselor. Ask whether the school can provide parent-portal access; if not, request another way to inspect and review the records.

If the school resists, point to FERPA's definition of "parent" (34 C.F.R. § 99.3) and your state's caregiver authorization statute. The school's obligation under FERPA applies to anyone who meets the statutory definition — it's not discretionary.

Getting Records from a Previous School

When a child transfers schools — especially in kinship situations where the move was sudden — the receiving school needs academic transcripts, discipline records, and special education documents from the previous school.

Under FERPA, when a student enrolls in a new school, the new school can request records from the previous school without requiring parental consent. This is a standard enrollment-triggered exception to FERPA's consent requirements (34 C.F.R. § 99.31(a)(2)). The previous school may disclose the records for the enrollment or transfer purpose without parental consent.

As the enrolling caregiver, you can help speed this process:

• Provide the previous school's name, address, and any student ID number you know
• Ask the receiving school to request the records directly. It can use the enrollment-transfer exception without your separate parental consent.
• If the previous school is slow, the new school's guidance counselor can follow up directly

For a child who qualifies under McKinney-Vento, enrollment cannot wait for records. In other cases, the district's enrollment requirements determine timing; ask the receiving school to request records promptly.

When the School Refuses

If a school refuses to grant you access to records despite your caregiver status, you have options:

1. Put the request in writing — a formal written request creates a paper trail. FERPA requires access within a reasonable time, no more than 45 days after the request.
2. Escalate to the principal or superintendent — front-desk staff often misunderstand FERPA's definition of "parent"
3. File a FERPA complaint — the Student Privacy Policy Office (SPPO) within the U.S. Department of Education accepts complaints about FERPA violations at the district level

If the school recognizes that you meet FERPA's definition of a parent, it must provide access to the records within 45 days. If access is denied, follow the SPPO complaint process.

Records You're Entitled To

Under FERPA, the records you can access include:

• Academic transcripts and grade reports
• Attendance and tardy records
• Discipline records and behavioral incident reports
• Special education records, including IEPs and evaluation reports
• Health records maintained by the school
• Standardized test scores

The school can charge a reasonable fee for copies but cannot charge a fee to inspect records in person. They also cannot charge a fee if paying it would prevent you from accessing the records.

The Biological Parent's Access

One complexity in kinship care: FERPA rights don't transfer exclusively. Even though you qualify as a "parent" under FERPA, the biological parent generally retains FERPA rights unless a court order specifically restricts them. This means both you and the biological parent may have access to the child's school records simultaneously.

If there's a concern about the biological parent accessing records — for example, if there's a protective order or the child was removed due to safety concerns — you'll need a court order specifically restricting the parent's FERPA access. A caregiver affidavit alone doesn't limit the biological parent's rights.

Our Enrolling a Grandchild in School Without Custody guide includes a FERPA records request template, a parent portal setup walkthrough, and guidance on navigating the records transfer process when the child's previous school is in a different state.

See more United States guides →