RICHMOND, Va. — A Virginia school board has asked a judge to dismiss a lawsuit filed by a transgender teen who sued for the right to use the boys bathroom at his high school.

The 4th U.S. Circuit Court of Appeals sent Gavin Grimm’s case back to a lower court last month, asking a judge to decide whether it’s moot because Grimm graduated in June.

The Gloucester County School Board filed a motion Friday asking the judge to throw out Grimm’s amended complaint. The board argued that the school didn’t discriminate against Grimm and the restroom policy does not apply to alumni so there is no issue to be settled by court.

Grimm’s lawyers have said that Grimm is entitled to use the boys restroom when he attends school events as an alumnus.