School suspending my 6-year-old based on hearsay after bathroom incident need advice on my rights

My 6-year-old daughter (1st grade, diagnosed ADHD) is being suspended based on an incident that allegedly happened at school on Monday. Today is Wednesday, and I was only notified after school today by a phone call from the principal.

The school claims my daughter told another girl to “get on her knees and put her head in the toilet.” My daughter adamantly denies saying this and says the only thing that happened is that they were playing and she splashed the other girl with toilet water. I fully agree that splashing toilet water is inappropriate and deserves a consequence — but I strongly dispute the extreme allegation that is being used to justify a formal suspension.

There was no adult witness to the incident. The report appears to be based entirely on what the other child said. I have not been given: • A written incident report • Any investigation summary • Any witness statements

They want me to come in at 7am tomorrow to “finalize” the suspension.

Another major concern: both girls were inside the same bathroom stall together, unsupervised. They are six years old. I don’t understand how that level of supervision failure is being ignored while my child is being suspended for what happened inside that unsupervised space.

Additionally, every prior behavioral issue involving my daughter has involved this same peer. There has been: • a couple incidents this year for stealing • No history of violent behavior • No pattern with any other child

I have previously requested both a 504 Plan and an IEP due to her ADHD, and both were denied after a 6-week “study” where they said she didn’t qualify. Now that discipline is escalating to suspension, I am planning to formally request a reevaluation.

I also plan to request a classroom change because the repeated conflict with the same peer is clearly not resolving and seems to be escalating.

My questions are: • Can a school suspend a 6-year-old based only on hearsay with no adult witness? • Does the delayed notification matter? • Does allowing two 6-year-olds into the same bathroom stall unsupervised shift any responsibility to the school? • What are my rights regarding appealing the suspension and getting it removed from her record? • Does the prior denial of a 504/IEP matter now that discipline is escalating?

I’m trying to be cooperative and hold my child accountable for inappropriate behavior (like the water), but this process feels rushed, unsupported by documentation, and disproportionate.

Any advice on next steps, appeals, or special education rights would be appreciated.

I am in Kentucky.