(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:

(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)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):

(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.