If you are tutoring that is usually a one on one thing so between the two of you having 5 kids in the house would be all you would have at any time isn't it.

One thing is that it could be only you and your husband doing it in the house. If you are going to have employees, etc. there are other rules that come into play including the fact that it is no longer a home daycare type of concept. It now becomes a commercial business and you would also need to be zoned accordingly.