This article describes the academic effects of the COVID 19 pandemic and the consequent need to preserve universal access to virtual public education. The analysis extends to the visible consequences in the post-health crisis stage, specifically considering the academic affectation that children and adolescents have suffered. Methodologically the present article has a qualitative approach, and non-experimental design, with descriptive level; which uses the inductive-analytical method to describe the implications of the pandemic on education. In this sense, the results of this research indicate that the educational dropout in the last decade and the obstacles that students have faced due to the mandatory use of digital platforms constitute an imminent violation of constitutional rights and reflect the inability of the State to guarantee equal access to technological means that allow the continuity of education. It is concluded that virtuality is not harmful to education, but it should be developed in a planned way and with prior training of teachers and students.