The civil courts of many states offer a special form of proceeding called a writ of mandate or writ of mandamus that can provide a tool of last resort for students who cannot get their school officials to do what the law requires. If you are a student or the parent of a student facing intractable school issues violating important interests or rights, and school officials simply won't do anything about it, retain the Lento Law Firm's premier Student Defense Team to help you evaluate pursuing a writ of mandate to force those school officials by court order to respect legal rights. Call 888.535.3686 or use our contact form now to tell us about your case.
Legal Requirements for a Writ of Mandate
State laws and rules of procedure set forth the legal requirements to obtain a writ of mandate from the state's civil court. While writ of mandate rules and procedures may differ somewhat from state to state, typical writ of mandate requirements include these three things:
- no adequate alternative remedy to a writ of mandate exists, meaning you have exhausted all other potential routes and remedies, making the writ your last resort;
- the government official or agency you are trying to influence has the legal duty to do what you demand or stop doing what you demand it ceases, and
- you have the legal right for the government official or agency to do as you demand in requesting the writ of mandate.
Legal Effect of a Writ of Mandate
A writ of mandate is a court order that the government official or agency against whom the court issues it must promptly do as the court directs. The effect of a writ of mandate is to force the government official's or agency's hand. The official or agency may no longer delay or deny the legal right the writ of mandate recognizes and enforces. In effect, the writ of mandate tells the government official or agency that you have won and that they must do as you say.
Enforcing Writs of Mandate
The writ of mandate is just a civil court order, meaning nothing more than a statement the judge writes and signs. Yet, like other court orders, the judge issuing the writ of mandate may enforce it, if necessary, by holding in contempt of court the government official it directs. If the government official does not do as the writ of mandate says, then the judge may order the official to appear in court, send police officers to drag the official into court, and fine or even jail the official until the official complies with the order. Government officials thus generally promptly comply with writs of mandate.
Who Can a Writ of Mandate Control
Keep in mind that a writ of mandate is generally issued only against government officials who refuse to do what the law requires of them in their official role. A writ of mandate may thus control the registrar of a public college or university, who has a legal duty to admit and enroll a qualifying student. A writ of mandate may likewise control the disability accommodations officers of the public school to provide mandated services. A writ of mandate may also control recalcitrant school disciplinary officials who refuse to turn over evidence, cease pursuing unlawful disciplinary charges, or remove an unlawful record of school discipline. A writ of mandate could potentially control any public school official. Private school officials, while not subject to writs of mandate, may be subject to similar civil court injunctions for breach of contract or violation of other rights.
School Issues Writs of Mandate May Address
You can see from the above examples that writs of mandate may address your disability accommodation rights or special education rights of your minor student, your rights to defend and defeat false disciplinary charges with fair notice and fair hearing, and rights for relief from unlawful discriminatory conduct. You may be able to force school officials to admit you to a program or enroll you in certain courses from which the school unlawfully barred or removed you. You may even be able to force the school to issue a degree or certificate that you duly earned but the school unlawfully withheld or revoked, grant you course credit you earned, or remove unlawful discipline or other false or misleading information from your school transcript or records. A writ of mandate may be able to address just about anything that a public school official determines to unlawfully do or refuse to do.
Procedure to Obtain a Writ of Mandate
To obtain a writ of mandate on your behalf or for your minor student, our attorneys would draft and file a complaint in the proper state civil court, detailing the facts and legal authority on which you rely to force the school official's hand. The assigned judge would then hold a hearing at which we can present your evidence and arguments for the writ of mandate. The school's attorney would likely appear to oppose the request but may alternatively agree to voluntary relief, based on our filing. If the sides do not resolve the matter, the judge would issue an order granting or denying the writ of mandate. If the judge issues the writ, law enforcement would serve the writ on the school official, who must then comply or face contempt sanctions.
Premier Student Representation Available
Retain the Lento Law Firm's premier Student Defense Team if you face an intractable public school, college, or university issue violating your legal rights. Let our skilled and experienced attorneys help you evaluate and pursue your right to a writ of mandate to force the school to do as it should. Call 888.535.3686 or use our contact form now to tell us about your case.
