Maryn Oyoung is an Associate in Lozano Smith's Walnut Creek Office. Ms. Oyoung practices in the Labor & Employment and Students areas of education law.
Prior to joining Lozano Smith, Ms. Oyoung was a law clerk at Peralta Community College District and the Foundation for California Community Colleges. Ms. Oyoung has experience in matters including: nonprofit and corporate governance; employment and human resources; negotiation, drafting, and review of agreements; student fees; district board policies; ADA compliance; public agency; and insurance/risk management.
Ms. Oyoung also served as a judicial extern for the Sacramento Superior Court where she researched, briefed, and drafted tentative rulings and memoranda in civil law and motions matters. In addition, she also worked in the Community Legal Services Elder Law Clinic where she provided general legal services to elder clients including estate planning, elder abuse, and commercial transaction disputes.
Ms. Oyoung received her Juris Doctor degree from the University of the Pacific, McGeorge School of Law with a concentration in Business Law. While at McGeorge, Ms. Oyoung received the Witkin Award for academic excellence in Business Associations. During law school, Ms. Oyoung was both a comment and legislative staff writer at the McGeorge Law Review. She was also a member of the Phi Delta Phi Shields Inn and McGeorge Disciplinary Hearing Panel. Upon graduation from McGeorge, Ms. Oyoung was admitted to the Traynor Honor Society. She earned her Bachelor of Arts in Sociology from the University of California, Los Angeles where she was a member of the NCAA Women's Softball team.
Ms. Oyoung is a current member of the Asian American Bar Association of the Greater Bay Area. She was also previously involved in the Community College Pathway to Law School initiative by the State Bar of California's Council on Access and Fairness.
According to a recent court decision, "it depends."
On November 15, 2017, a California appellate court held in Whitehall v. County of San Bernardino that paid administrative leave can constitute an adverse employment action in certain circumstances. Even though the plaintiff employee was placed on paid administrative leave during the pendency of an investigation into her alleged wrongdoing, the court found that under the particular facts presented, the leave was an a...
Local public agencies have several options when it comes to choosing a delivery method for a construction project. The public-private partnership method, or P3, is one option that is receiving increased attention. P3 involves a long term partnership between a public agency and private entity, where typically the private entity finances, designs, builds, operates, and/or maintains a fee-producing public project. In exchange, the private entity will be repaid over an ex...
The California Department of Education recently issued the 2015-2016 Education Equity program instrument (Guidance), which is used to monitor a local educational agency's (LEA) compliance with laws on equity in the treatment of students. Of particular note, the Guidance identifies a new Title IX reporting requirement that was enacted by Senate Bill (SB) 1349 in 2014.
SB 1349 added section 221.9 to the Education Code, which requires that beginning with the 2015-2...
In Santa Maria Joint Union High School District v. Santa Maria Joint Union High School District Faculty Association (PERB Decision No. 2445), the PERB Board (Board) considered a school district's claim that a union attempted to cause it to violate Section 3543.5 of the Educational Employment Relations Act (EERA). While the EERA prohibits a public school employer from retaliating against a bargaining unit member for engaging in protected activities, it also prohibit...
On February 23, 2015, the Office of Special Education Programs (OSEP) issued a letter indicating that a parent may request a publicly funded independent educational evaluation (IEE) to assess an area that was not covered by the school district's evaluation. Under 34 C.F.R. section 300.502, parents may request a publicly funded IEE if they disagree with a district's assessment of their student. In general, if a parent requests an IEE at public expense, the public agenc...
In Nealy v. City of Santa Monica (January 21, 2015) 2015 Cal.App. Lexis 139, the Second District Court of Appeal affirmed a judgment in favor of the City of Santa Monica (City) finding that because an employee was unable to perform the essential job functions even with reasonable accommodations, the City did not violate the California Fair Employment and Housing Act in releasing the employee from employment. Specifically, the court found the City was not required to e...
The Governor recently signed three bills addressing campus or student safety at higher education institutions. Senate Bills (SB) 967, regarding sexual assault, and 1400, regarding keeping students who are subject to protective orders out of classes, take effect January 1, 2015. Assembly Bill (AB) 1433, regarding reporting of crimes, took effect immediately upon the Governor's September 29, 2014 signature. Together, the three bills signal heightened attention to issu...
Governor Jerry Brown has signed Senate Bill (SB) 1266 into law, which requires school districts, county offices of education, and charter schools to provide emergency epinephrine auto-injectors (commonly known as "EpiPens") to school nurses or personnel who have volunteered and received the required training. Due to this change in the law, pharmacies may now furnish epinephrine auto-injectors to charter schools, as they already do to school districts and county of...
On July 9, 2014, the Governor signed two Assembly Bills (AB) into law on student-related issues. AB 2560 clarifies the state's mandated reporting requirements and AB 1851 extends the sunset date of the law that allows certain county boards of education to have a longer period of time to decide interdistrict transfer appeals.
AB 2560: Mandated Reporting
All school district teachers and employees are "mandated reporters" under California's child abuse and prevent...
After a physician approves an employee's return from leave under the Family Medical Leave Act (FMLA) (29 U.S.C. § 2601 et seq.) and the employee returns to work, may the employer request a medical reevaluation? In White v. Los Angeles County (April 15, 2014, __ Cal.App.4th __ 2014 WL 1478701), a state court of appeal held that an employer may request a medical reevaluation after the employee has been reinstated to work.
In White, Susan White was employed as an i...