The realization of the right to education is developed through the formation of public education policy, which contributes to the fact that this right transcends from the declarative to the effective. The objective of this article is to analyze the jurisprudential treatment that the Constitutional Court has given to public education policy in Colombia. The debate revolves around the fact that there are advances in the field of education as a result of the formulation and implementation of the respective policy. However, there is still a gap between the declarative and the effective in terms of the right to education, especially in terms of quality and coverage, as essential supports of the education system, despite being central issues in the different instruments that support public education policy in Colombia. Methodologically, the text is installed in the interpretative paradigm and the study is approached from the documentary method, starting from theoretical and conceptual references on public education policy in Colombia. The deliberation concludes that the Constitutional Court of Colombia has consolidated a structural understanding of education as a fundamental right and as a public service with a social function, whose materialization necessarily depends on the design, implementation and evaluation of public education policy consistent with constitutional mandates.