During Anti-Human Trafficking Month and Year-Round, Education Rights Bolster Prevention and Protection

Sasha Naiman (Executive Director) and Sara Bitter (Attorney) present for Salvation Army’s Greater Cincinnati Human Trafficking Conference about “Education Rights as Prevention & Protection: Keeping Kids in School and Out of Harm’s Way.

For children who are survivors of human trafficking—and for youth at risk of exploitation—strong education protections can create safety, connection, and support during some of the most difficult moments of their lives. While education rights are sometimes discussed narrowly as a means to improve academic outcomes (an important goal!), this month we want to offer an additional lens.

Education rights increase protective factors proven to reduce the likelihood of trafficking and support recovery for survivors. These include:

  • Supportive, consistent relationships with trusted adults

  • Positive self-image and self-esteem

  • Coping, self-regulation, and behavior-management skills

  • Consent, refusal, and boundary-setting skills

  • Understanding healthy and safe relationships

  • Awareness of legal rights and available help

  • Having basic needs met (food, transportation, services)

  • Access to extracurricular activities and enrichment

  • Regular attendance, school stability, and continuity in learning

  • Improved academic and career pathways

  • Privacy protections that reduce re-traumatization

Throughout Anti-Human Trafficking Month, CLC attorneys have been teaching about education laws and policies that affect trafficked and at-risk children—including youth with disabilities or learning challenges, children experiencing housing instability, students in justice and child welfare systems, and immigrant students. A variety of federal laws, state laws, school/district policies, and other sources create important tools and strategies that anti-trafficking advocates should learn. If you weren’t able to attend one of our presentations, here are some key ideas.

1.     Students with disabilities or learning challenges

“The intersection between disability and human trafficking can be cyclical. On the one hand, persons with disabilities are more likely to be targeted by traffickers; on the other hand, the experience of being trafficked can lead to or exacerbate existing disabilities through physical injuries or emotional trauma that in turn could heighten vulnerability.”
— U.S. Department of State, Office to Monitor and Combat Trafficking in Persons, 2024 Trafficking in Persons Report

For many trafficking survivors, as well as their children, trauma shows up in school as learning challenges, behavioral struggles, mental health needs, or physical health concerns.

Special education laws require schools to find, identify, evaluate, and support children with disabilities and learning challenges from birth through age 21—even when students move frequently or are not enrolled full-time. These protections can include classroom accommodations, specialized instruction, vocational training, and, for younger children, free early intervention (ages 0–3) and preschool services (ages 3–6).

Whether a child has an Individualized Education Program (IEP), 504 Plan, Behavior Intervention Plan (BIP), or other supports/modifications in school, consider asking for accommodations that could help human-trafficking survivors and children at risk of exploitation, including:

  • Flexible/extended time on assignments or tests

  • “Check in” meetings with trusted adult(s) to process in-school conflict, improving coping skills, self-esteem, etc.

  • Nonverbal cueing system (hand signal, sticky note) to redirect behavior

  • Pre-discussion before high-risk situations like assemblies, group work, or transitions

  • Explicit plan (instruction times, staff to help) for self-regulation and adjusting social responses

  • Predictable routines and clear expectations

  • Quiet space for calming down when overwhelmed

  • Permission for breaks during class or testing

  • Modified coursework or alternative ways to show learning

  • Trauma-informed communication tools teachers

  • Flexible attendance policies, excused absences for court, counseling, or safety needs

  • Intervention or compensatory education to address regression

  • Access to counseling or school-based mental health services

  • Incorporating particular, individualized mindfulness or grounding exercises into the day

  • Targeted behavioral or social-emotional goals, tracked with data

  • Transition planning for long-term stability

These supports are not about lowering expectations; they are about removing barriers, increasing safety, and giving survivors and at-risk youth opportunities to succeed.

2.     Students experiencing homelessness or housing instability

The connection between human trafficking and housing instability is stark.

According to the National Network for Youth, at least 19% of runaway and homeless youth are victims of human trafficking—compared to less than 1% of youth overall. Even more concerning, 68% of youth who experienced trafficking, survival sex, or commercial sex were exploited while homeless. —National Network for Youth, Human Trafficking

An analysis of 2021 data from the National Human Trafficking Hotline shows that runaway/homeless status and unstable housing are among the top 3 risk factors for sex trafficking (out of 28 identified risk factors and vulnerabilities that applied to victims immediately prior to or at the time of entry into the trafficking situation). —Polaris Project, Analysis of 2021 Data from National Human Trafficking Hotline

When it comes to youth housing instability, one of the most important laws to know is the federal McKinney-Vento Homeless Assistance Act, which protects education access for children who lack a fixed, regular, and adequate nighttime residence. This includes students living in shelters, motels, transitional housing, cars, or other substandard or unstable settings.

Under McKinney-Vento and related laws, eligible students may have the right to:

  • Immediate enrollment in school, even without typical enrollment documents

  • Attend classes right away while paperwork is gathered

  • Continue receiving a free, appropriate public education (FAPE)

  • Remain in their school of origin or enroll in the local school, depending on the student’s best interest

  • Transportation support to and from the school of origin

  • Comparable educational services, including special education and English Learner supports

  • Free school meals

Every district and community school must have a McKinney-Vento liaison to help coordinate these supports. This liaison works with families, schools, and community partners to reduce barriers to attendance and stability—key protections for youth at high risk of exploitation. Look online for each Homeless Coordinator/Liaison by District at the Ohio Educational Directory System and Kentucky Department of Education’s Open House sites.

3.     Students in the justice or child welfare system

Children do not lose their education rights because they are involved in the justice or child welfare system. Federal and state laws emphasize educational stability for these students, including in foster care and juvenile justice settings. These protections promote continued access to school, credit transfer, and educational services during detention, placement changes, or transitions back to the community.

For children in foster care, one of the most important protections can be to remain in their school of origin—the school they attended before moving to the foster care placement—unless a change is determined to be in the child’s best interest. The district of service is the public school district serving the area where the child is currently placed.

  • If staying in the school of origin is in the child’s best interest, the district of service generally must help arrange or fund transportation.

  • If a school change is best, the new district must immediately enroll the student, even if records or documentation are missing.

These protections can help reduce disruption, support healing, and help maintain trusted relationships with teachers and peers, particularly important factors for youth who have experienced trauma or exploitation.

4.     Immigrant students

58% of child labor trafficking victims in the U.S. are foreign-born; 42% are U.S. citizens. —Understanding the Trafficking of Children for the Purposes of Labor in the United States 2024

54% of all trafficking victims—and 93% of labor trafficking victims—had recently migrated or relocated to the U.S., the top risk factor identified. —Polaris Project, Analysis of 2021 Data from National Human Trafficking Hotline

What increases trafficking vulnerability for immigrants and newcomers? Some issues are:

  • Trauma before or during migration

  • Limited English and unfamiliarity with U.S. systems/culture

  • Power imbalances (e.g., with employers, sponsors, schools, caregivers)

  • Family instability

  • Fear related to immigration status or authority figures

Immigration status does not limit a child’s right to attend public school. These students have rights and protections—that can aid youth at heightened risk of labor and sex trafficking—such as:

  • Free Appropriate Public Education (FAPE) regardless of immigration status

  • English Learner (EL) services in school

  • Equal access to all services offered to other students, including counseling, Advanced Placement/gifted classes, sports, and extracurricular activities)

  • Schools may not require disclosure of students’ or parents’ immigration status for enrollment

  • Privacy of their educational records (with limited exceptions)

 

*          *          *

 

Protecting students takes collaboration—school staff, families, child protection agencies, nonprofit partners, attorneys, advocates, courts, and the youth themselves all play a role. That’s why Children’s Law Center is here to help.

CLC provides free legal advocacy, community education, and policy work to ensure children’s education rights are not just theoretical, but they are real, enforceable, and protective.

We are proud to help reduce vulnerability to trafficking and support survivors as they rebuild safer, healthier futures.

  • Sasha Naiman, Executive Director & Attorney. Sasha joined the Children’s Law Center in October 2021. As a public-interest attorney and policy advocate, Sasha has deep experience serving vulnerable people in our region. She is especially passionate about providing legal representation, community education, and policy reform for youth in Ohio and Kentucky. Before joining the Children’s Law Center, Sasha was the Deputy Director of the Ohio Justice & Policy Center, where she worked for a decade, represented people in the criminal-legal system, and led organizational operations and strategies.

    Sasha has been a member of multiple community and nonprofit Boards in Greater Cincinnati. She received her J.D. from Washington University in St. Louis and her B.A., magna cum laude, in English and Political Science from Boston University. During law school, Sasha worked for the St. Louis Equal Housing Opportunities Council, the Juvenile Rights and Reentry Clinic, and the U.S. Department of Justice’s Access to Justice Initiative (in Washington, D.C).

A Clean Slate: Understanding Record Sealing and Expungement for Young People in Ohio

October is Youth Justice Action Month (YJAM) – a time to shine a light on youth justice issues, advocate for better policies, and celebrate progress for youth impacted by juvenile- and criminal-legal systems. This year, the nationwide theme for YJAM is “United for Action – A Call for Unity.” The theme resonates with us because we know it takes community-wide efforts to move the needle for youth, toward justice.

YJAM is important to me because I see the impact of the legal system on the youth represent everyday. As an attorney at Children’s Law Center (CLC), I often represent “transition age youth,” age 18-24, who are either homeless or at risk of homelessness, and who have had contact with the juvenile- or criminal-legal systems. As a result, my Ohio-based clients are typically legally restricted from gainful employment, safe housing, and educational opportunities – the exact resources they need to move into adulthood successfully. These roadblocks make it impossible for some youth to break the cycle of homelessness and poverty.

One way we mitigate these barriers is by helping the young person apply for record sealing and/or expungement, giving them a chance to build a safe, healthy, bright future.

Here are some things you should know about record sealing and expungement in Ohio:

  • The terms “record sealing” and “expungement” are often used interchangeably but they are different under Ohio law. Record sealing is restricting access to the record for most agencies and background checks. Record expungement permanently erases the records, making them irretrievable.

  • Juvenile records do not “go away” after a certain age, and juvenile records can sometimes come up on background checks. An individual must apply to have the juvenile records sealed and/or expunged. In Ohio, people can apply for both record sealing and expungement of juvenile records at the same time.

  • If only sealing of the juvenile records is granted, the juvenile court will expunge the records 5 years after they are sealed or when the person turns 23 years old –whichever happens first.

  • For adult records in Ohio, individuals must determine if 1) the records are eligible offenses for sealing and/or expungement and 2) the applicant has satisfied the requisite waiting periods. A description of ineligible offenses can be found here.

Many people carry their adjudications or convictions for decades and struggle to find meaningful employment, safe housing, and other measures of stability the entire time. Raising awareness around record sealing and expungement for both juvenile and adult records ensures that people will have the knowledge they need to take care of these barriers earlier, avoiding years of roadblocks. At CLC, we represent clients ages 0-25 and offer full representation for individuals who are interested in getting their records sealed or expunged. If you know someone who can benefit, please have them email us at info@childrenslawky.org or send a message via https://www.childrenslawky.org/contact.

  • Author: Alicia Miller

    Alicia Miller joined Children's Law Center in June 2024. Alicia graduated from the University of Cincinnati College of Law in 2014 and began her career as a public defender in Indianapolis, IN. She represented hundreds of indigent clients in this role, allowing her to develop skills in client­ centered representation and trial advocacy. In 2019, Alicia returned to Cincinnati, Ohio as Ohio Justice & Policy Center's Second Chance Director. She led OJPC's efforts to provide direct legal assistance and policy advocacy to expand the ability of people with criminal records to advance employment, education, safe and affordable housing, and community reintegration. Following her law practice, Alicia served as Executive Director for the Women's Fund of the Greater Cincinnati Foundation. She is a proud member of the Phi Psi Omega Chapter of Alpha Kappa Alpha Sorority, Incorporated and Black Lawyers Association of Cincinnati (BLAC). Alicia lives with her daughter and dog in Cincinnati, Ohio.


Protecting Fairness for Ohio’s Youth: Why the Right to Appeal Matters

Youth Justice Action Month: A Call to Fairness and Accountability

Every October, we observe Youth Justice Action Month (YJAM) to uplift the principles of fairness, second chances, and system accountability for young people. This year, those principles are being tested in a case before the Ohio Supreme Court—In re D.T.—that could reshape how justice works for youth across the state.

What is at Stake?

Under Ohio law, every case involving a person under 18 begins in juvenile court. In some cases, prosecutors may seek to transfer—or “bindover”—a youth to adult court. This decision determines whether a young person faces age-appropriate rehabilitation or adult prosecution and decades-long imprisonment, which has devastating and lifelong consequences on a young person.

D.T., a 14-year-old child, was transferred to adult court and later pled guilty. The Eighth District Court of Appeals appropriately overturned that transfer after finding the juvenile court failed to follow Ohio’s competency statute (e.g., ensuring a person’s mental ability to participate in and understand the legal process) and made serious procedural errors. Now, the State of Ohio has asked the Supreme Court to go even further—by taking away a child’s ability to appeal those kinds of errors if they plead guilty in adult court.

Why This Matters

The right to appeal is one of the most essential safeguards in our legal system. It ensures that mistakes can be corrected and that no child is forced to bear the lifelong consequences of a flawed process. Without this right, a child who is wrongly transferred to adult court would have no way to challenge that error.

Under current law, the state already holds an advantage: prosecutors can immediately appeal when they disagree with a juvenile judge’s decision, but a child must wait until after conviction in adult court to seek review. The state’s proposal would cement that imbalance—creating a justice system where government has more rights than the children it prosecutes.

Why Children Deserve Protection

Developmental science and case law alike affirm that kids are different. Their brains—especially the parts governing impulse control and decision-making—are still developing well into their twenties. Young people are more susceptible to pressure, less capable of understanding long-term consequences, and more likely to plead guilty to avoid harsh adult sentences.

In the last five years alone, 933 Ohio children have been bound over to adult court. Taking away their right to appellate review would eliminate one of the only checks ensuring these life-altering decisions are lawful and fair.

Our Commitment

At Children’s Law Center, we believe that oversight is not an obstacle to justice—it is justice. Protecting the right to appeal ensures transparency, accountability, and integrity in our courts. It ensures that government error and prosecutorial misconduct do not go unchecked. It ensures that children, regardless of their circumstances, are treated fairly, lawfully, and humanely.

As we recognize Youth Justice Action Month, we call on policymakers, advocates, and community members to join us in defending fairness for Ohio’s youth. Because when we protect their rights, we strengthen justice for all.

  • Author: Merissa Cooper

    Merissa Cooper joined CLC as their Youth Justice Policy Counsel in July 2025, where she will focus on advocacy to improve juvenile justice, child welfare, and criminal legal systems for Ohio youth through policy advocacy, direct representation services, and community outreach/education.

    Prior to joining CLC, Merissa gained extensive trial advocacy experience through her work as an Assistant Prosecutor at the City of Cleveland Prosecutor's Office, in the Dedicated Domestic Violence Unit, and as a Staff Attorney for Medina County Job and Family Services, in the Protective Services Division. Through her work in both of these roles, Merissa gained valuable insight on the deficits, biases, and racial disparities that are systemically inherent in the legal system and dedicated herself to ensuring that civil rights are protected, that the voices of the youth, especially the voices of youth victims, are elevated and heard, that youth are treated equitably and fairly, and that they are afforded safety, stability, and quality legal representation of their own. Merissa intends to continue this mission through her work with CLC.

    Merissa graduated from Marshall University in 2018, with a B.A. in Criminal

    Justice/Criminology and a minor in Communications. In 2022, Merissa graduated cum laude from Cleveland State University College of Law and received recognition for her dedication to pro bona and volunteer work.

    Merissa is a proud native Appalachian, born and raised in West Virginia. She currently resides in Cleveland, Ohio, with her partner and their three dogs, Copper, Charlie, and Phoenix, where they both enjoy volunteering with various community organizations in their spare time, including the Norman S. Minor Bar Association, Motogo Cleveland, City Dogs, and the LGBT Community Center of Greater Cleveland.