The research presented below sought to determine the effectiveness in access and permanence to inclusive education of children with cognitive disabilities in the official Educational Institutions of the municipality of Villa del Rosario, NS, for which in the objectives The present legal context of educational inclusion to which children with some type of disability in Colombia are entitled is presented; the guarantees of income and permanence offered by the Official Educational Institutions of the municipality of Villa del Rosario, N.S., to children with cognitive disabilities in the framework of inclusive education are determined; and, finally, the figure of the tutela action is examined as the ideal legal mechanism for the enforceability of the right to access to inclusive education.