Can a Grandparent Access School Records in Maine? FERPA Rights for Kinship Caregivers

The school gave you portal login instructions for your grandchild, but now they are saying you cannot see the report card because you are not the "legal parent." FERPA — the federal Family Educational Rights and Privacy Act — controls who can access a student's educational records, and it does not automatically extend to every adult who shows up at the front office. But it does recognize kinship caregivers under specific circumstances.

How FERPA Defines "Parent"

Under FERPA (20 U.S.C. § 1232g), 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 other caregiver acting in the parent's absence may also be considered a FERPA parent.

The key phrase is "in the absence of." If a biological parent is still involved — even minimally — the school may hesitate to treat you as a FERPA parent. Having documentation of your caregiving role makes this simpler.

What Establishes Your FERPA Standing

Several documents strengthen your claim to FERPA parent status:

• Title 18-C § 5-127 power of attorney delegating educational authority from the parent to you. It documents the powers the parent delegated, but does not by itself establish school residency in your school unit.
• Enrollment under 20-A M.R.S. § 5205(2) — the nonparent residency exception. An approved request establishes a school-residency basis for the child; FERPA parent status still depends on whether you are acting as a parent in the absence of a parent or guardian.
• A guardianship order from the District Court or Probate Court, depending on the child's case history, which makes you a guardian authorized to act as the child's parent under FERPA.

School enrollment by itself does not resolve FERPA standing. The federal definition turns on whether you are acting as a parent in the absence of a parent or guardian.

What You Can and Cannot See

Once the school recognizes you as a FERPA parent, you have the right to:

• Inspect and review all educational records the school maintains about the child, including grades, attendance, disciplinary records, and special education files
• Request corrections to records you believe are inaccurate
• Receive copies of records (the school may charge a reasonable copying fee)
• Consent to disclosure of records, except when FERPA permits disclosure without consent

You do not get access to sole-possession notes a school official keeps only as a personal memory aid and does not share, except with a temporary substitute.

The Biological Parent Problem

FERPA presumes that both biological parents have the right to access records unless the school has a court order, state statute, or legally binding document that specifically revokes those rights. A power of attorney does not revoke the parent's access — it adds yours alongside it.

This means the biological parent can still request to see grades, attendance records, and IEP documents even if the child lives with you. The only way to prevent parental access is a court order explicitly restricting it.

Getting Your Own Portal Credentials

Ask the school to set up a separate parent portal account in your name. Never use the child's login credentials or a biological parent's account to view records. Sharing logins violates the district's IT security protocols and compromises the FERPA audit trail — which could create problems if records access is ever disputed.

If the school resists creating a separate account, put the request in writing to the principal and reference your § 5-127 POA or § 5205(2) enrollment determination.

Our Maine School and Medical Consent guide includes a complete document checklist for establishing your authority at school — enrollment, records access, IEP standing, and the escalation steps when a district pushes back.

Frequently Asked Questions

Does enrolling a child in school automatically give me FERPA parent rights?

Not automatically. Enrollment establishes the child as a student but does not confirm your status as a FERPA parent. A § 5-127 POA or a superintendent's § 5205(2) determination provides the documentation the school needs.

Can I prevent the biological parent from seeing school records?

A court order, state law, or other legally binding document may limit a parent's access if it specifically revokes those rights. A power of attorney alone does not remove the parent's FERPA rights.

What if the school refuses to give me a parent portal account?

Put the request in writing, attach your § 5-127 POA or guardianship order, and send it to the principal. If you get no response within 10 days, escalate to the superintendent. You can also contact Pine Tree Legal Assistance for help.

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