; or (iii) vehicle safety restraints when used as intended during the transport of a student in a moving vehicle. (c) Private right of action (1) In general A student who has been subjected to unlawful seclusion or restraint in violation of subsection (a), or the parent of such student, may file a civil action against the program under which the violation is alleged to have occurred in an appropriate district court of the United States or in State court for declaratory judgement, injunctive relief, compensatory relief, attorneys’ fees, or expert fees. (2) Limitation on liability Program personnel shall not be liable to any person in a proceeding described in paragraph (1) or in an arbitration proceeding for a violation of subsection (a). (3) No sovereign immunity No program shall be immune under the Eleventh Amendment of the Constitution of the United States from suit in Federal or State court for a violation of subsection (a) of this section. (d) Enforcement (1) Investigations (A) In General The Secretary shall address any complaints alleging a violation of subsection (a) by an entity described in subparagraphs (A) or (C) of section 2(8) for an appropriate investigation. (B) Head Start The Secretary of Health and Human Services shall address any complaints alleging a violation of subsection (a) by an entity described in section 2(8)(B) for an appropriate investigation. (2) Withholding payments In the event a student has been subjected to unlawful seclusion or restraint in violation of subsection (a), the Secretary shall withhold from the program under which the violation occurred, in whole or in part, further payments (including payments for administrative costs) in accordance with section 455 of the General Education Provisions Act ( 20 U.S.C. 1234d ). (3) Head start programs The Secretary of Health and Human Services, in coordination with the Secretary, shall— (A) ensure that entities described in section 2(8)(B) meet the requirements described in subsection (e)