Where Education Grows

The impact of the migratory worker is felt in every home across the country. Whether you are enjoying a ripe watermelon on a summer day, dipping your french fries in ketchup, or enjoying grandma’s blueberry cobbler, it is highly likely you can thank a migratory worker for your flavorful enjoyment. Before meeting and working with Charlie Geier and Rachel Davidson, my understanding and exposure to the migrant workers and their children in the state of Indiana were nonexistent. That was all about to change in a very big way.

In 2015, I was working for the Indiana Department of Education as a videographer and editor. My colleague, Garin Grist, and I were asked by Charlie Geier and Rachel Davidson — both in charge of the Migrant Education Program at the Indiana Dept. of Education — if we could make a video to help educate and promote the newly revamped Migrant Education program. Their goal was to help schools and other community stakeholders understand what the program was, how students qualified, and the resources available to support students with their education. You see, the US Department of Education funds the Migrant Education Program to specifically support the students of migratory workers and their unique needs. While families move from place to place following the crop cycle, their children often face interrupted schooling, different requirements from state to state, and limited resources to help. The video, they hoped, would help serve as both a recruitment tool and learning opportunity for all those who watched. 

Based on our conversations, I suggested we create the video in a documentary style. Leadership at the time liked the idea of telling the story of the migrant student and family through personal examples, so we got to work. Over the next year or so, Garin (my colleague) and I traveled all over the state of Indiana filming and documenting the Indiana Migrant Education Program and the great support it was providing to students and families. We conducted countless interviews, visited families in the migrant camps, and made real connections with the families and students. 

After the filming was done, I started to edit the film. By January 2016 we had, for the most part, a film leadership liked, but there were still some more tweaks to be done. Unfortunately, over the next couple of months, Charlie and Rachel left the IDOE, but I stayed in contact with Charlie and Rachel and completed the film as it was supposed to be made. Garin was also a vital part of this process helping with edit decisions. 

By the time we had a version we all felt was great and ready for release, it was the summer of 2016. I sent it up the chain to be approved and hopefully released. In November of 2016 Supt. Ritz lost her election to Jennifer McCormick. The film was put on the back burner until the new administration took over. As often happens when one party wins an election, the incoming Supt. McCormick terminated the previous Supt.’s staff, including myself. But I felt the documentary was politically agnostic and hoped it would still be released. The film is a great example of compassion, humanitarian work, and a story I didn’t think was as well known as it should be.

After over a year of me asking old IDOE associates about the status of the film, it was very clear they were not going to release it. In January 2019 I released the film to the public with great support. I was inundated with emails and calls from many of the people who were involved in the film and were happy to see it finally released, especially Cayetano, our main subject in the film. Everyone was happy or so I thought. 

Within a few weeks, I received a cease-and-desist letter from an attorney for the IDOE.  This letter alleged that I engaged in copyright infringement and indicated that, if I did not comply with certain demands (including removing the film from the online platforms where it had been posted) I might be held “liable for any damages” among a few other things. While I most certainly do not have the capital or legal expertise to engage in discussions with the IDOE about their demands, I felt the story was important and deserved to be heard so I kept going. I met with an attorney for help navigating the legal jargon in the letter and was pointed to the ACLU. Gavin Rose, Senior Staff Attorney for the ACLU of Indiana agreed to help challenge their claims of copyright infringement.

The case dragged on for almost 2 ½ years. The IDOE was very adamant in their position as were we, neither side really budged. Depositions were given, meetings were had, arguments, etc., and finally, it got in front of a judge. The judge pushed for us to come to an agreement, and it FINALLY happened. We came to the agreement that I could release the film if I made certain changes. Below are the changes. 

• To remove the translation indicating that the documentary is for the Indiana State Government. 
• To remove Rachel’s and Charlie’s titles from the film even though it was accurate.
• To delete all images of the Indiana Department of Education’s former centralized hub. 
• Remove Don Gilroy’s name from the thank you list. 
• Remove the disclaimer indicating that the film is released and protected under Indiana’s Access to Public Records Act.

You can see the official agreement here. 

If you watch the film, which I hope you do, it portrays a story of families working hard to provide their children with more and better opportunities than what they had, the great work of the Indiana Migrant Education Program, the dedication of countless Indiana educators, and most importantly, the success of migrant students, who invented math formulas. The underlying themes in the documentary are no different than what most of us want for our own children, family members and friends; opportunities and the ability to better ourselves and families. 

I’ve had a lot of time to think (6 years to be exact-start to finish), and I have yet to truly understand why anybody would want to stifle the beauty in the story of the migratory worker and the wonderful work that took place to ensure their children were provided the educational support and opportunities they deserved. I can’t help but think of all the time, effort, and monetary resources wasted trying to prevent something from being released that could have made such an impact in helping educate and promote the program. How many more children could the program have helped? How many new opportunities and doors could’ve been opened? I guess we will never know. 

I hope this story helps provide information and context around the migrant work, their family, and the programs designed to help meet their unique needs. I hope it causes you to pause and say an extra thanks the next time you enjoy a ripe tomato on your BLT, eat crisp corn on a hot summer day or carve a pumpkin for Halloween. I hope it provides a small glimpse into a life that you may not have known existed. 

I’d be remiss not to mention if it wasn’t for the ACLU and Senior Staff Attorney Gavin Rose, no one would ever see this important story of hope and change. On behalf of the migrant workers of Indiana and the folks who do this great work, thank you, Gavin and the ACLU, for standing up and helping ensure this important story was heard. 

-Alan Berry August 2021