Millions in Limbo for Buffalo Public Schools, Again

January 16, 2013 Updated Jan 16, 2013 at 7:31 PM EDT

By Kendra Eaglin

January 16, 2013 Updated Jan 16, 2013 at 7:31 PM EDT

The State must approve the Buffalo Public School district's teacher evaluation plan by Thursday, January 17th.

The district submitted their plan at 9pm on Wednesday, January 15th.

But here's what's different this time around:

The union and the school district settled their differences on several key issues when it comes to how English Language Learners, Special Education students, students in poverty and the big one, how absenteeism will be factored into teacher evaluations.

The district followed a state-approved template used by the Binghamton School District.

Wednesday morning the state says there are problems with the document.

"I have no idea what their issues are. What I'm hearing is that some of the things that they had approved previously they have issues with now which is an instant replay," said Phil Rumore, President of the Buffalo Teachers Federation.

"The administration, the superintendent, and Phil Rumore and the BTF (Buffalo Teachers Federation) will work around the clock to make sure that those are responded to by 12 noon tomorrow," said Ralph Hernandez of the Buffalo Board of Education.

Buffalo isn't the only school district in this situation, New York City schools also do not have an approved teacher evaluation plan.

There is close to $33 million in state aid hanging in the balance.

Governor Cuomo has said there will be no extensions to the January 17th deadline.