Section 11-1138.7 - Overall performance rating.(a) Identification.--Each rating tool developed or approved under this subarticle shall identify the overall performance rating of the professional employees and temporary professional employees serving as classroom teachers, principals and nonteaching professional employees as one of the following: (b) Actions.--The following shall apply: (1) An overall performance rating of either "distinguished" or "proficient" shall be considered satisfactory.(2) An overall performance rating of "needs improvement" shall be considered satisfactory, except that any subsequent overall rating of "needs improvement" issued by the same employer within four years of the first overall performance rating of "needs improvement" where the employee is in the same certification shall be considered unsatisfactory.(3) An overall performance rating of "failing" shall be considered unsatisfactory.(4) An overall performance rating of "needs improvement" or "failing" shall require the employee to participate in a performance improvement plan. No employee shall be rated "needs improvement" or "failing" based solely upon student test scores. Nothing in the definition of "performance improvement plan" in section 1138.1 shall interfere with the employer's authority to design a plan.(c) Rating scale.--The department shall develop a rating scale to reflect student performance measures and employee observation results and establish overall score ranges for each of the four rating categories under subsection (a).(d) Evidence.--Observation and practice evaluation results and ratings under sections 1138.3(a)(1), (b)(1) and (c) and 1138.5(a)(1) and (2) shall be based on evidence. A professional employee or temporary professional employee may provide the evaluator with evidence or documented artifacts demonstrating the employee's performance during the most recent rating period which directly pertain to the employee's observation and practice evaluation results. Nothing in this subsection shall be construed to interfere with the evaluator's authority to determine whether the evidence or artifacts provided by the employee are relevant to the employee's observation and practice evaluation results.(e)Teacher-specific data measures guidance.--The following shall apply to teacher-specific data measures selected by the employer as described in section 1138.3(a)(2)(ii)(A)(II) and (B) (II): (1) A classroom teacher shall provide documented input to an evaluator on the development of teacher-specific data measures and annual results of data. The documented input shall be included with documentation of the classroom teacher's overall annual rating.(2) In the analysis of teacher-specific data, classroom teachers shall have the opportunity to reflect on their success, unanticipated barriers and any supports that could have been useful to classroom teachers.(3) Teacher-specific data measures may be revised mid-academic year, if agreed upon by both the administrator and the teacher.(4) Teacher-specific data measures may be reused on an annual basis if a classroom teacher's goals are updated and continue to offer reflections on their goals for improvement on an annual basis.(f) Limits prohibited.--An employer may not limit the number of professional employees or temporary professional employees who may receive an overall performance rating of "distinguished," through the employer's written or spoken policies, guidelines or other communications or through the employer's practices.Added by P.L. TBD 2020 No. 13, § 3, eff. 3/27/2020.