Michigan FERPA and School Records Access for Grandparents and Relative Caregivers

You need to see report cards, check attendance records, or get transcripts for a transfer — but the school says only a parent can access student records. If you're the grandparent or relative actually raising the child, here's how FERPA works in your favor.

FERPA Recognizes More Than Just Parents

The Family Educational Rights and Privacy Act (FERPA) gives "parents" the right to inspect, review, and request amendments to their child's education records. But FERPA's definition of "parent" is broader than most school registrars realize.

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. If the child lives with you and you're functioning as the parent — enrolling them in school, attending conferences, making daily care decisions — ask the school to determine whether FERPA treats you as the parent for records access.

If the school determines that a grandparent, aunt, uncle, or older sibling who is the child's day-to-day caregiver meets this definition, that caregiver has FERPA's parent right to:

• View report cards, progress reports, and standardized test scores
• Access attendance and discipline records
• Request copies of transcripts for school transfers
• Attend parent-teacher conferences with full access to academic information
• Review special education records and IEP documentation

Strengthening Your Position

While FERPA's "acting as a parent" provision covers many kinship situations, having documentation makes everything smoother:

MCL 700.5103 Power of Attorney: A parent or court-appointed guardian can delegate educational decisions in writing. Give the school a copy and ask it to confirm your records access under FERPA.

School enrollment records: If you enrolled the child using MCL 380.1148 (relative residency), those records document the child's residence with you but do not by themselves establish FERPA access. Ask the school to determine whether you meet FERPA's definition of a parent.

Court guardianship order: The strongest documentation. Provide it to the school so it can confirm and record your access under FERPA.

If you show up at the front office and encounter resistance, ask the registrar to check FERPA's regulatory definition of "parent" at 34 C.F.R. § 99.3. Many schools default to their internal forms (which may only list "parent/guardian") without realizing that FERPA itself is more inclusive.

When the Biological Parent Also Wants Access

FERPA doesn't give one parent the right to block another parent's access — and this extends to kinship situations. A POA does not itself end a biological parent's legal status. If both you and a biological parent seek access, ask the school to review the circumstances and any court orders under FERPA.

In practice, both you and the parent may have access to the child's records. If there is a safety concern or a court order, provide it to the school and ask how it affects access.

Medical Records Follow Different Rules

FERPA covers school records. Medical records — from pediatricians, dentists, mental health providers — fall under HIPAA and Michigan's Medical Records Access Act (MCL 333.26261).

With an MCL 700.5103 POA, you can access the child's routine medical records for care you're authorized to consent to. Records for treatment the minor consented to independently are generally controlled by the minor. Under MCL 330.1264(2), however, a treating physician may inform a parent, guardian, or person in loco parentis for medical reasons, even without the minor's consent.

Requesting Records for a School Transfer

When a child in kinship care moves between districts — which happens frequently when children first come to live with a relative — you'll need the old school's records sent to the new one. As the enrolling adult at the new school, you can sign a records release. The new district's enrollment office will send a request to the prior school, which must respond within a reasonable timeframe.

Missing prior-school records alone do not establish eligibility for provisional enrollment. If the child meets McKinney-Vento's homeless definition, the school must enroll the child immediately even when records are missing; MCL 380.1148 is a separate enrollment path when its conditions are met.

Keeping It All Organized

Between school records, medical records, immunization files, and consent documents, there's a lot of paperwork to manage. The Michigan school and medical consent guide includes a document distribution tracker that maps which offices have which documents — so when a school asks for something, you know exactly where to find it.

See more Michigan guides →