The 4th Circuit Court of Appeals denied that request Tuesday.
The appeal comes after the U.S. Court of Appeals for the 4th Circuit ruled the school district must allow a transgender student, Gavin Grimm, 17, access to boy's restrooms.
The board is expected to file an emergency application with the Supreme Court on Wednesday seeking to block a lower court's injunction requiring it to allow Grimm to use the boys' bathroom, according to Kyle Duncan, one of the school board's lawyers.
"For several months, the Pine-Richland School Board and Staff Services Committee have been reviewing the topics of privacy, transgender youth, and potential implications for the district". The court reinstated Grimm's Title IX claim and sent it back to the district court for further consideration.
The school board is expected to ask Chief Justice John Roberts, who has responsibility for emergency actions that arise from the regional federal appeals court that covers Virginia, to grant a stay of the injunction.
The injunction was issued last month by U.S. District Court Judge Robert Doumar, who is now hearing Grimm's challenge to the board's restroom policy. The Justice Department argues that law violates Title IX and other federal nondiscrimination statutes.
For decades "our nation's schools have structured their facilities and programs around the sensible idea that in certain intimate settings men and women may be separated", they added.
"It shall be the practice of the (Gloucester County Public Schools) to provide male and female restroom and locker room facilities in its schools, and the use of said facilities shall be limited to the corresponding biological genders, and students with gender identity issues shall be provided an alternative private facility", the school board said in its ruling on the issue.
"The only thing this injunction does is let Gavin use the boys' restroom", Block said last week.