Aquinnah is responsible for paying all of the education costs for students living on sovereign land owned by the Wampanoag Tribe of Gay Head (Aquinnah), according to a legal opinion from the school system.
The Aquinnah select board raised tax concerns about the educational costs last month, and sent a letter to superintendent Richard Smith asking if the expense could be shared by the other five Vineyard towns.
But an opinion from school attorney Nancy Campbell released this week stated that the provisions of the regional agreement for the Up-Island Region School District do not shift financial responsibility to any other towns; Aquinnah is required to pay for all of the education costs for children within the town’s boundaries.
The opinion was shared at the school district’s committee meeting this week. The news was anticipated by Aquinnah select board Tom Murphy, but still raises tax concerns for the small town.
According to Mr. Murphy, Aquinnah currently spends more than $1 million each year in education costs for students living on sovereign land, a high expense for the town’s taxpayers.
The legal opinion states that there are many types of real estate parcels across the state that are exempt from local real estate taxation, including federal and state lands, along with educational institutions. Children that live on these lands are still entitled to education, according to the letter.
Mr. Murphy said the tribe and its members are an integral part of the whole Island, and many in Aquinah feel that it is unfair that the expense falls solely on their town.
“I think it’s the town’s intent to look for other financing alternatives…” Mr. Murphy said. “The tribe and the culture of the Wampanoag Tribe is really the DNA of the entire Island.”
Mr. Murphy said Aquinnah is not eligible for federal funding through the Johnson O’Malley Act, which provides aid for the education of tribal students, since the population of tribal children in town is too low.
At a select board meeting on Tuesday, Mr. Murphy said the town is looking into a 1987 U.S. code that states for the purpose of eligibility for federal services, members of the Wampanoag Tribe of Gay Head (Aquinnah) residing on Martha’s Vineyard shall be deemed to be living on or near an “Indian reservation.”
“What that does is increases the number of students that may allow us to qualify for impact aid,” Mr. Murphy said in an interview with the Gazette.
Mr. Murphy said the town is still exploring the code and has given the information to the schools superintendent.